IN THE UNITED AT$JMJTRICT COURT

FOR THE MIDDL LS'TI1CT OF ALABAMA

EAIV4

GREGORY MONTAE FERGERSON,

- BA P. HACKET L

PETITIONER, ItS. 01ST FflCT CO UtT

vs. CASE NO: 3:06-CV-777-MHT (WO)

WARDEN KENNETH JONES, et. al.,

RESPONDENTS.

MOTION FOR APPOINTNT OF COUNSEL

Comes now your petitioner in the above-styled cause and pursuant

to 18 USC 3006A (a) (2) (b), seeking appointment of counsel at this

critical stage of the habeas corpus proceeding and furthermore seeks

this appointment of counsel totally in the interest of justice and

due process.

In support thereof the following is shown and good cause:

1. On September 6th, 2006, Petitioner was granted In Forma

Pauperi.s Status (doc 3-1);

2. The issues raised in this Habeas Corpus proceeding are

complex and involve inquiry, given factual and legal grounds present

in case. See Petitioner's reply filed December 2, 2006

3. The issues raised all revolve around claims based on

petitioner mental retardation and/or illiteracy. See Appendix 1

(Affidavit)

4. Fergerson was found to be mentally retarded upon a pretrial

mental evaluation:

The current AANR definition of mental retardation provides:

Mental retardation is a disability characterized by significant

limitations both [1] in intellectual functioning and [2] in adoptive

behavior as expressed in conceptual, social, and practical adaptive

skills [3] this disability originates before age 18. See ANR,

Mental Retardation: Definition, classification, and system of

support 19 (10th ed. 2002).

5. William Keith Robey and his paralegal friend in the free

world are no longer able to assist inmate Fergerson due to his

transfer from William F. Donaldson Correctional Facility to

Childersburg Correctional Facility to work in their law library. See

Appendix 1 (Affidavit)

6. Fergerson cannot comprehend the complex nature of a Habeas

Corpus proceeding which is complicated to some trained lawyers.

7. Fergerson cannot comprehend the complex nature of the issues

Case 3:06-cv-00777-MHT-TFM Document 18 Filed 03/04/2008 Page 1 of 4
presently pending before this court since December 2, 2006. See

Appendix 1 (Affidavit)

8. Fergerson cannot pursue this action without appointment of

counsel due to his illiteracy. It would take a train lawyer to

handle the complex issues involving Fergerson claims of ineffective

assistance of trial counsel; and voluntariness of his guilty plea;

and other issues not mentioned herein. Furthermore Criminal Law Key

273.1(4) (point of law), hold that a conviction on a guilty plea

that is entered solely as a result of faulty advice is a miscarriage

of justice.

18 U.S.C.S. 3006 A (g), Norris v. Wainwright, 588 F.2d 130, 133 (5th

Cir.) Cert. denied, 444 U.s. 846, 100 5.Ct. 93, 62 L. ed 2d 60

(1979) This court held: "Counsel must be appointed for an indigent

Federal Habeas petitioner when the INTEREST OF JUSTICE or DUE

PROCESS so require.

9. William E. Donaldson Correctional Facility has no other

inmate trained in law that works in the law library. I Eli Crawford

am preparing this motion on Fergerson's behalf and am being assisted

in the typing of this motion from a family member. I cannot assist

inmate Fergerson in pursuing his cause of action. See Appendix 1

(Affidavit)

10. Fergerson cannot pursue this action without the appointment

of counsel. He cannot litigate his claims not only due to his

limited reading ability, but more so due to the inadequate law

library at this facility that would further prejudice him by placing

restraint upon him BEYOND HIS ILLITERATECY. See Appendix 1

(affidavit)

Bound v. Smith 430 U.s. 817, (1977)

The United States Supreme Court held that the fundamental

federal constitutional right of access to the courts required prison

authorities to assist inmates in the preparation and filing of

meaningful legal papers by providing the inmate with adequate law

libraries or adequate assistance from persons trained in the law.

11. Fergerson is without assistance from any one trained in law

and in a prison who's law library is inadequate. The question poses

to this court is: "would the interest of justice and due process be

best served by appointing counsel to inmate Fergerson who suffers

from mental retardation and/or illiteracy and is plagued with an

inadequate law library and no one trained in law that works in the

law library?

12. Fergerson's issues presently pending before this court do

have merit and warrant relief. See Attorney General's Opinion in

which Troy King stated in his brief filed to the Alabama court of

Case 3:06-cv-00777-MHT-TFM Document 18 Filed 03/04/2008 Page 2 of 4
Criminal appeals; Appeal brief dated May 1, 2006 [Exhibit Rx-6],

regarding the issues now before this court, Troy King stated "For

the foregoing reasons, this cause is due to be remanded back to the

Circuit Court for that court to address the merits of Fergerson's

claims and/or for any such other relief as this court deems he is

due. id at pg. 35.

13. Fergerson is unable to afford counsel and would like the

office of the public defender or other counsel to be appointed to

effectively and concisely litigate the issues presented and for such

and further relief as the nature of this cause may require.

CONCLUS ION

For the foregoing reasons, Fergerson requests that this court

set the matter down for an evideritiary hearing and/or give him the

requested relief.

Respectfully Submitted,

(e Jt fCSo

Greoky M. Fererson

Affidavit

I, HEREBY CERTIFY that the above stated matters in this motion

for appointment of counsel are true and correct to the best of my

information, knowledge and belief.

c^u[} (1

Fergetson (prepared by Eli Crawfd #218790)

PROOF OF SERVICE

I hereby certify that a copy of this motion for appointment of

counsel has been serve on the respondents by placing same in the

prison mailbox, first class postage prepaid and thusly addressed

this 2r4 day of 2008.

Troy King, Atty. General

State of Alabama

11 South Union St.

Montgomery, Ala. 36130

3

Case 3:06-cv-00777-MHT-TFM Document 18 Filed 03/04/2008 Page 3 of 4
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Case 3:06-cv-00777-MHT-TFM Document 18 Filed 03/04/2008 Page 4 of 4
Gregory M. Fergerson #231286

100 Warrior lane 0-Dorm

Bessemer, Ala. 35023-7228

(APPENDIX ONE)

(ATTACH TO APPOINTMENT OF COUNSEL

MOTION)

(AFFADIVtT)

I, Eli Crawford, solemnly swear that the set of facts stated herein are recited to me from Gregory

M. Fergerson are true and correct to the best of my ability, information and belief. I Eli Crawford write

this affidavit on Gregory M. Fergerson's behalf due to his inability to understand Basic English and

low level of reading. Mr. Fergerson is asking the court to appoint counsel at this stage "in the interest

of justice" and "Due Process" pursuant to 3006(A).

The person who was litigating Mr. Fergerson's cause of Action brought forth in the lower court by

Rule 32 Petition and this court by Habeas Corpus Petition have transferred to "Childersburg

correctional facility "to work in their law library. Mr. William Keith Robey was transferred about six

months ago leaving

Mr. Fergerson without any help. Mr. Robey was in fact the only law clerk here at William E.

Donaldson Correctional facility trained in law. William E. Donaldson does not have any special

services that Mr. Fergerson is in need of in light of his illiteracy to avoid dismissal of his case. Mr.

Fergerson is trying to help him self by taking basic education classes, but is still unable to comprehend

the complex laws of this court or any court for that matter. William E. Donaldson law library is

inadequate in that it doesn't supply paper or pencils.

The computer system it now has only have 11th Circuit cases and no sister circuits or other circuits

that might be useful in his litigation as persuasive law. There is no printer to print out the case and only

a 30-minute time frame for computer use. All cases useful would have to be hand written out and

depending on the number of pages in the case is a major problem.

Mr. Fergerson's law library days are Monday and Thursday from 5:00pm to 10:00Pm. Alabama

Dept. of Correction SOP manual on the subject of the law library state one must be given 20 hours a

week which is not being complied with at this facility which only gives him 10 hours.

The two days a week and the schedule time allowed are issues that must be weight against interruption

due to security reasons.

Fergerson is in a maximum security prison that house 1700 inmate with a law library that hold 10

inmates. Once the law library reach 10 inmates an announcement is made over the loud speaker

(officers radios) that the law library is full, no more inmates are to be sent to the law library.

The United States Supreme Court spoke on the issue of illiteracy and inadequate law library in Lewis

v. Casey (1996), 518 US 343, 135 L. Ed 2d 606, 116 S.Ct. 2174 Id at pg 615. "Shortcomings

particularly affected by the system's inadequacies: Illiterate inmates, who do not receive adequate legal

assistance were entitled to "direct assistance" from lawyers, paralegals, or "a sufficient number of at

least minimally trained prisoner legal assistance.

Mr. Robey was being assisted from the free world by a friend who is a paralegal in litigating Mr.

Fergerson's claims.

Mr. Fergerson's claims presented to this court all surround the fact of his mental retardation at the

time of the incident, trial and guilty plea. It furthermore has to do with his counsel being ineffective

Case 3:06-cv-00777-MHT-TFM Document 18-2 Filed 03/04/2008 Page 1 of 3
and court not informing him of the charge to-wit he pled guilty to, to understand the severity of his

plea. See Petitioner's reply filed December 2, 2006. The issues as well as the underlying

constitutional grounds presently pending before this court for over a year and a half and the complex

laws involve with a habeas corpus petition are very complexes issues that are extremely beyond

Fergerson's capability of understanding and comprehension. The issues presented do have merit, but

are undeveloped due to the state court failing to render an evidentiary hearing.

It is to be noted that the Attorney General for the state of Alabama Troy King stated in his brief filed

to the Alabama court of Criminal Appeals; Appeal brief dated May 1, 2006 [Exhibit Rx-6],

regarding the issues now before this court, Troy King stated "For the foregoing reasons, this cause

is due to be remanded back to the Circuit Court for that court to address the merits of

Fergerson's claims andlor for any such other relief as this court deems he is due. id at pg. 35.

This court must take this fact presented by Troy King into consideration and afford Fergerson the

probative value or weight of the Attorney General's assessment of the claims.

Fergerson's illiteracy prevent him from being able to research, file, or litigate the claim further to

avoid dismissal of his case. An illiterate inmate would not receive adequate legal assistance by any of

the law clerks presently working in the law library here at William E. Donaldson, as they are not

trained in law. They work in the law library merely because they are cool with the officer over it.

Inmate Robey was being assisted by a friend on the outside who is a license paralegal. This assistance

cannot be provided by any one working here in the law library.

Fergerson was in fact a special education student throughout his years of schooling which ended at

grade 12th. The following schools were attended by Fergerson and furthermore counsel is needed to

assist in obtaining thoughts records to ascertain facts that would prove Fergerson did not understand

the charges to-wit he was pleading guilty or the constitutional rights being waived in direct violation of

Boykins v. Alabama 23 L. Ed 2d 274,89 S. Ct. 1709, 395 US 238.

Criminal Law Section 59 - Guilty Plea - Voluntariness (because a guilty plea is an admission of all

elements of a formal criminal charge, it cannot be truly voluntary unless the defendant possesses an

understanding of the law in relation to the facts.) The colloquy shows that defendant was not informed

of the elements of each individual charge, nor how his action made the bases of those charges.

Schools attended as a special ed. student

• Morris Ave. Elementary grades 3rd through 5th

• Opelika Middle School grades 6th through 8th

• Opelika High School grades 9th Through 12th

• Stop going to school in the twelfth grade

Counsel being appointed would be in the interest of justice and due process thus allowing

Fergerson means in which to effectively respond to the state or this court in a timely fashion. The

question presented in this affidavit is:

"Would the interest of justice and due process be best served b y appointing counsel to a litigant who

suffers from an ihiterac and his claims having merit?

Case 3:06-cv-00777-MHT-TFM Document 18-2 Filed 03/04/2008 Page 2 of 3
I Eli Crawford, is not trained in law and is unable to help Fergerson due to working on my own

case and being on the list to be transferred to another correctional facility.

I Gregory Montae Fergerson swear that inmate Crawford have read the content of this affidavit to

me.

I Gregory Montae Fergerson affix my signature to the facts stated herein as they are true and

correct to the best of my ability, understanding and belief.

executed on 2008 Gi 1 tf/5cV\

Gregoy ontae Fererson

SWORN TO D UBSCRIBED before me this day of 2008

My Commission Expres1O-2O-2OO8

NOTARY COMMISSION EXPIRES

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