Emmett Ray McCarthy v. Dr. F. Weinberg, M.D.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the district court erred in denying plaintiffs request for counsel where record evidence showed plaintiffs multiple sclerosis affected his eyesight, hearing, and abilities to communicate, read the record, and understand the proceedings
• holding a prisoner with multiple sclerosis attending court in a wheelchair who had diminished eyesight, hearing, and ability to communicate and needed to present complex medical issues requiring expert opinion should have been appointed counsel
• stating that burden is on applicant to convince court that there is sufficient merit to his claim to warrant the appointment of counsel
• holding as an abuse of discretion the district court’s denial of appointed counsel when the record evidence demonstrated that the plaintiff’s medical condition affected his eyesight, hearing, ability to communicate, and comprehend the proceedings
• holding as an abuse of discretion the district court's denial of appointed counsel when the record evidence demonstrated that the plaintiff's medical condition affected his eyesight, hearing, ability to communicate, and comprehend the proceedings
• holding as an abuse of discretion the district court’s denial of appointed counsel when the record evidence demonstrated that the plaintiff's medical condition affected his eyesight, hearing, ability to communicate, and comprehend the proceedings

Source: CourtListener parenthetical corpus (CC0).