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United States v. Griswold

United States Court of Appeals, Third Circuit

May 22, 2013

UNITED STATES OF AMERICA
v.
GREGORY GRISWOLD, Appellant

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Crim. No. 09-cr-00568-001) District Judge: Honorable Paul S. Diamond

Before: FUENTES, CHAGARES and BARRY, Circuit Judges

SUR PETITION FOR PANEL REHEARING AND ORDER AMENDING OPINION

Maryanne Trump Barry, Circuit Judge

The petition for rehearing filed by appellee, having been submitted to the judges who participated in the decision of this Court, is GRANTED, and the Not Precedential Opinion and judgment, , are vacated. An amended opinion shall be issued. The amendment to the opinion follows:

Section II, last paragraph, is hereby amended to now read:

Here, Griswold made a timely request[3] to proceed pro se, and we are satisfied on this record that the Peppers requirements were met. Although the District Court may have believed that Griswold's request was made to obstruct the proceedings and delay trial, [4] it did not conclude that the request itself was equivocal or that Griswold's waiver of counsel was not knowing, voluntary and intelligent or made by a defendant who was not competent to stand trial. Cf. Buhl v. Cooksey, 233 F.3d 783, 797 (3d Cir. 2000) ("A court may conclude that a defendant who intends nothing more than disruption and delay is not actually tendering a knowing, voluntary and intelligent waiver of counsel, and has not unequivocally asserted the constitutional right to conduct his/her own defense"). The Court's desire to prevent trial delay is certainly understandable, as is its frustration at Griswold's last minute decision to proceed pro se. Nevertheless, the Court erred by denying Griswold's request.

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