Calvin Burdine, whose case we have been following here and here has filed suit in federal court seeking an injunction against state court Judge Joan Huffman to have his long-time counsel who was successful in reversing his murder conviction represent him in his retrial.

"In a case that could have implications for indigent defendants' rights, a federal court will decide whether a trial judge, acting under color of state law in a criminal proceeding, may interfere with a long-standing attorney-client relationship."

"Calvin Burdine, the Texas inmate whose 1984 capital murder conviction was overturned because his lawyer slept through significant portions of the trial, wants the attorney who represented him during the 15-year legal battle to be appointed to represent him in the retrial. On Sept. 16, the American Civil Liberties Union filed a suit against state District Judge Joan Huffman because she has refused to appoint Robert L. McGlasson, an Atlanta federal public defender who won a new trial for Burdine. "

There will be a hearing in federal court on the injunction next Friday.

We see no reason to keep Mr. McGlasson off the case. "McGlasson has practiced full time in the area of death penalty defense litigation since 1983. McGlasson has been employed with the Federal Defender program in Atlanta since January 2000 and serves as its supervising attorney for the Capital Habeas Unit, the suit says."

While the Sixth Amendment right to counsel of choice has not been construed as applying to indigent defendants when it comes to the appointment of counsel to represent them, this case is different. Here, there is already an established long-term relationship and the issue is keeping a lawyer on the case as opposed to appointing a new one. The intent of the Texas Fair Defense Act was to allow defendants to have competent counsel, not to remove them.

We think the federal court should give Mr. Burdine his lawyer back.