No. 18-8724

In Re Archie Cabello

Lower Court: N/A
Docketed: 2019-04-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: case-law due-process judicial-discretion legal-ethics motions pleadings procedural-rules right-to-counsel rule-11 self-representation
Latest Conference: 2019-05-09
Question Presented (from Petition)

Does a trial judge have any duty to ensure that a defendant's right to counsel of choice is protected?

When a defendant asserts his right to self—representations does the trial judge have any duty to see that the self—representation is meaningful?

Does the trial judge have any duty to ensure that all papers and representations presented to the court are properly signed, properly before the court and are not presented for any improper purpose pursuant to rule 11(a) of pleadings, motions, and other papers and representations to the court, 11(b), 11(b)(1), 11(b)(2), 11(b)(3), and 11(b)(4)?

Does the trial judge have discretion to disregard established case law? Can the trial judge disregard or alter the rules of Criminal Procedure and rule 11 procedures on an ad hoc basis to fit a particular case or circumstance?

Question Presented (AI Summary)

Does a trial judge have a duty to protect a defendant's right to counsel of choice?

Docket Entries

2019-08-05
Rehearing DENIED.
2019-07-11
DISTRIBUTED.
2019-06-03
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-16
Waiver of right of respondent United States to respond filed.
2019-04-01
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2019)

Attorneys

Archie Cabello
Archie Cabello — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent