No. 19-8428

Marc Wyatt v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-05-08
Status: Denied
Type: IFP
IFP
Tags: appointment-of-counsel constitutional-rights criminal-procedure due-process fair-market-value fifth-circuit legal-counsel replacement-cost right-to-self-representation self-representation
Latest Conference: 2020-09-29
Question Presented (from Petition)

QUESTION ONE:
IF THE RECORD IS VOID OF MARC TRACE WYATT BEING LEGALLY
APPOINTED COUNSEL, DID THE FIFTH CIRCUIT ERR IN DETERMINING
THAT HIS CODE OF CRIMINAL PROCEDURE ARTICLE 15.17 HEARING
WAS THE APPOINTMENT OF COUNSEL?

QUESTION TWO:
WAS THE CONSTITUTIONAL RIGHT TO SELF_REPRESENTATION BY MARC
TRACE WYATT VIOLATED BY THE DISTRICT COURT IN DENYING HIS
REQUEST TO DO SO WITHOUT FIRST HOLDING A HEARING TO DETERMINE
IF HE WAS ABLE TO DO SO?

QUESTION THREE:
WAS THE CONVICTION OF MARC TRACE WYATT OBTAINED ILLEGALLY
BY ALLOWING THE DISTRICT COURT TO USE REPLACEMENT COST WHEN
THE STATE ADMITS IT DID NOT ASCERTAIN THE FAIR MARKET VALUE OF
THE DESTROYED PROPERTY?

Question Presented (AI Summary)

Was the appointment of counsel valid?

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2020)
2020-01-30
Application (19A855) granted by Justice Alito extending the time to file until April 24, 2020.
2020-01-16
Application (19A855) to extend the time to file a petition for a writ of certiorari from February 24, 2020 to April 24, 2020, submitted to Justice Alito.

Attorneys

Marc Trace Wyatt
Marc Trace Wyatt — Petitioner