No. 19-7723
James William Brammer v. Raymond Madden, Warden
Response WaivedIFP
Tags: certiorari circuit-split criminal-procedure critical-stage motion-for-new-trial new-trial right-to-counsel sixth-amendment writ-of-certiorari
Key Terms:
DueProcess HabeasCorpus
DueProcess HabeasCorpus
Latest Conference:
2020-04-03
Question Presented (from Petition)
HI. DOES THE SIXTH AMENDMENT'S RIGHT TO COUNSEL, INCLUDE APPOINTMENT OF COUNSEL FOR PROSECUTION OF MOTION FOR A NEW TRIAL?
112. IS A MOTION FOR A NEW TRIAL CONSIDERED A "CRITICAL STAGE" OF THE CRIMINAL PROCEEDINGS?
IT3. IS PETITION FOR WRIT OF CERTIORARI WARRANTED BY THE DIVISION OF THE CIRCUITS ON THIS ISSUE?
114. UNITED STATES SUPREME COURT HAS NEVER SQUARELY ADDRESSED AND/OR CERTIFIED THIS PARTICULAR QUESTION REGARDING SIXTH AMENDMENT 1/ RIGHT TO COUNSEL, CAN A WRIT OF CERTIORARI ISSUE?
Question Presented (AI Summary)
Does the Sixth Amendment's right to counsel include appointment of counsel for prosecution of motion for a new trial?
Docket Entries
2020-04-06
Petition DENIED.
2020-03-19
DISTRIBUTED for Conference of 4/3/2020.
2020-03-16
Waiver of right of respondent Raymond Madden, Warden to respond filed.
2020-02-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)
Attorneys
James W. Brammer
James William Brammer — Petitioner
Raymond Madden, Warden
Jonathan ames Kline — Office of the California Attorney General, Respondent