Tatum v. Foster

Tatum was charged with two counts of first-degree intentional homicide by use of a dangerous weapon. The case was set for a jury trial on November 29, 2010. On August 12, at Tatum’s request, counsel moved to withdraw. Lawyer 2 was subsequently allowed to withdraw. The court reset the date for January 31, 2011 for Tatum’s third lawyer, Erickson. On January 18, Erickson requested a competence evaluation. After an in-patient exam, the report concluded that Tatum was competent to understand the proceedings and assist in his defense, but was likely to be “an extremely challenging defendant.” Tatum asked the court to dismiss Erickson, stating that she was working with the state and not investigating his case to his standards. Tatum refused to meet with Erickson because of counsel’s competence challenge. Tatum stated that he wished to represent himself. After engaging in a colloquy with Tatum, the court denied his request, stating that Tatum’s limited education would make it difficult for him to understand the difficulties and disadvantages of self-representation, and refused to dismiss Erickson. Tatum, convicted and sentenced to life in prison, was unsuccessful on direct appeal and in state post-conviction proceedings. The Seventh Circuit reversed denial of a federal habeas petition; the Wisconsin courts unreasonably applied Supreme Court precedent when they refused to allow Tatum to represent himself, after questioning Tatum not about his general competence, but about his educational level and understanding of the legal system. View "Tatum v. Foster" on Justia Law