No. 19-6406

Clifford L. Rush v. Nebraska

Lower Court: Nebraska
Docketed: 2019-10-28
Status: Denied
Type: IFP
IFP
Tags: conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (from Petition)

I.
WHETHER OR NOT THE NEBRASKA SUPREME COURT OPINION IN AFFIRMING
THE NEBRASKA LOWER COURT'S JUDGMENT DENYING PETITIONER THE SIXTH
AMENDMENT RIGHT TO PROCEED PRO SE, OWNHISSOWN, AS COUNSEL OF
CHOICE,,WAS CONSTITUTIONALLY INFIRMED AND PREJUDICIAL.

II.
WHETHER OR NOT THE NEBRASKA SUPREME COURT OPINION IN AFFIRMING
THE NEBRASKA LOWER COURT'S JUDGMENT DENYING PETITIONER'S DEFENSE
COUNSEL MOTION TO WITHDRAW BASED UPON DISAGREEMENTS AND CONFLICTS
OF INTERESTS ENGENDERED BY DEFENSE COUNSEL AND PETITIONER,
CONSTITUTED AN CONSTITUTIONAL INFRINGEMENT IN VIOLATION OF THE
PETITEETITlONER'S FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION.

III.
WHETHER THE DUE PROCESS CLAUSE AND PETITIONER'S RIGHT TO COUNSEL
OF CHOICE WAS VIOLATED WHEN THE LOWER DISTRICT COURT VIA ITS
ORDER DENIED CRIMINAL DEFENDANT HIS RIGHT TO SELF-REPRESENTATION
(PRO SE), IN CONJUNCTION WITH A SIMULTANEOUSLY ADJUDICATION WITH
DENYING CRIMINAL DEFENDANT'S DEFENSE COUNSEL MOTION TO WITHDRAW
FROM REPRESENTATION THEREOF.

Question Presented (AI Summary)

Whether the Nebraska Supreme Court's denial of the petitioner's right to proceed pro se violated the Sixth Amendment

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2019)

Attorneys

Clifford Rush
Clifford Rush — Petitioner