UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-cr-20427 

v. Honorable Thomas L. Ludington 

D-5 MELVIN ANDREW MORRIS, 

 Defendant. 

_______________________________________/ 

ORDER GRANTING MOTION TO STRIKE, STRIKING DOCUMENT, AND 

DIRECTING SERVICE 

 On November 3, 2015, Defendant Melvin Morris filed a document by mail titled “Local 

Criminal Rule 47. Motions[.]” See Def.’s Mot., ECF No. 177 (sic to formatting). The document 

is of poor quality and is barely legible. It was filed directly with the Clerk of Court by Morris. 

Morris is currently represented by counsel. The Government moved to strike the document and 

Morris’s counsel concurred in the relief sought. See Gov’t’s Mot. Strike, ECF No. 178. 

 “It is well settled that there is no constitutional right to hybrid representation.” United 

States v. Lowdermilk, 425 F. App’x 500, 504 (6th Cir. 2011) (quoting United States v. Cromer, 

389 F.3d 662, 681 n.12 (6th Cir.2004)) (internal quotation marks omitted). Absent any proof that 

Mr. Jacobs, Morris’s counsel in this matter, is not able and competent to represent him, pro se 

appearances will not be entertained. See Lowdermilk, 425 F. App’x at 504 (finding no abuse of 

discretion in denying hybrid representation where defendant’s lawyer was “competent and 

capable.”) Generally, litigants must choose between proceeding pro se and proceeding with 

counsel. United States v. Mosely, 810 F.2d 93, 97 (6th Cir. 1987) (quoting United States v. 

Conder, 423 F.2d 904, 908 (6th Cir. 1970). The choice of one means of representation precludes 

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reliance on the other. Id. Permitting deviation from this rule “is a matter committed to the sound 

discretion of the trial court.” Id. Morris has presented no proof that his defense will be 

compromised if he is not allowed to proceed pro se, or that his counsel is deficient in 

representing him. His document will be stricken. 

 Morris has already requested the substitution of one attorney. That request was granted. 

He will not be given another attorney absent a compelling showing of good cause. His final 

pretrial conference is scheduled for November 18, 2015 and his trial is set to commence on 

December 1, 2015. He is forewarned against attempting to delay the current proceedings by 

requesting new counsel. 

 Accordingly, it is ORDERED that the Government’s motion to strike, ECF No. 178, is 

GRANTED. 

It is further ORDERED that the Defendant Melvin Morris’s document titled “Local 

Criminal Rule 47. Motions,” ECF No. 177, is STRICKEN. 

 It is further ORDERED that Defendant Morris’s attorney, Stevens Jacobs, is 

DIRECTED to serve a copy of this order on Defendant Morris on or before November 18, 

2015 and file a proof of service on the Court’s docket. 

Dated: November 16, 2015 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on November 16, 2015. 

 s/Michael A. Sian 

 MICHAEL A. SIAN, Case Manager 

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