Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bilauski v. Steele

United States Court of Appeals, Eighth Circuit

June 5, 2014

Richard Bilauski, Petitioner - Appellee
v.
Troy Steele; Chris Koster, Respondents - Appellants

Submitted, March 11, 2014

Petition for certiorari filed at, 08/13/2014

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

Richard Bilauski, Petitioner - Appellee, Pro se, Mineral Point, MO.

For Richard Bilauski, Petitioner - Appellee: Kevin L. Schriener, LAW & SCHRIENER, Saint Louis, MO.

For Troy Steele, Chris Koster, Respondents - Appellants: Stephen David Hawke, Assistant Attorney General, Terrence Michael Messonnier, Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Jefferson City, MO.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

OPINION

Page 520

WOLLMAN, Circuit Judge.

Warden Troy Steele and Missouri Attorney General Chris Koster (collectively, the State) appeal from the district court's order granting Richard Bilauski's petition for habeas corpus relief under 28 U.S.C. § 2254. We reverse.

I. Background

On June 10, 2001, Bilauski was involved in a violent altercation with Robert Vessell and Danny Rose. Bilauski repeatedly struck Vessell in the head, first with a pogo stick and then with a baseball bat, delivering blows that caused Vessell to lose consciousness and later die. Bilauski also struck Rose with the baseball bat.

Bilauski was charged with second degree murder, second degree assault, and two counts of armed criminal action. The state trial court appointed counsel to represent Bilauski. Nearly a year before trial, on February 15, 2002, Bilauski filed a pro se motion that sought new trial counsel and set forth his grievances against appointed counsel. Less than two months later, Bilauski filed another pro se motion, this time seeking to waive counsel. On November 15 and December 23, 2002, respectively, Bilauski filed two additional pro se motions for new trial counsel. In these two filings, he emphasized his dissatisfaction with appointed counsel and noted that he had filed several motions to obtain new counsel. No hearing was held on the motions, and the trial court did not rule on them.

Appointed counsel represented Bilauski at trial, at which Bilauski was convicted of voluntary manslaughter, second degree assault, and two counts of armed criminal action. Bilauski's convictions were affirmed on direct ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.