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United States v. Martin

March 24, 2010

UNITED STATES OF AMERICA PLAINTIFF,
v.
TERRANCE P. MARTIN, DEFENDANT.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on defendant Terrance P. Martin's motion to sever, motion to suppress and motion for discovery (Doc. 43). Martin filed these motions pro se, although he is represented by attorney Peter M. Cohen. A defendant does not have a right to file his own motions when he is represented by counsel. See Hayes v. Hawes, 921 F.2d 100, 102 (7th Cir. 1990) (per curiam). "Representation by counsel and self-representation are mutually exclusive." Cain v. Peters, 972 F.2d 748, 750 (7th Cir. 1992). So-called "hybrid representation" confuses and extends matters at trial and in other proceedings and, therefore, it is forbidden. See United States v. Oreye, 263 F.3d 669, 672-73 (7th Cir. 2001). The Court may strike as improper any such pro se motions. See, e.g., United States v. Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998). The Court hereby ORDERS that Martin's motion (Doc. 43) be STRICKEN.

IT IS SO ORDERED.

20100324

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