No. 20-5085

Joe Edward Johnson v. California

Lower Court: California
Docketed: 2020-07-16
Status: Denied
Type: IFP
Amici (1)Relisted (5)IFP
Tags: batson-challenge criminal-procedure due-process faretta-motion faretta-v-california jury-selection legal-timeliness self-representation timeliness totality-of-circumstances
Latest Conference: 2021-02-19 (distributed 5 times)
Question Presented (from Petition)

1. Whether, as the overwhelming majority of jurisdictions hold, a request for self-representation under Faretta v. California, 422 U.S. 806 (1975), is timely if made prior to trial, or whether instead—as California and a handful of other jurisdictions maintain—even a pretrial Faretta request can be held to be "untimely" based on an amorphous "totality of the circumstances" test?

2. Has California continued to defy this Court's holding and opinion in Johnson v. California, 545 U.S. 162 (2005), by consistently imposing a standard for the first (or prima facie) step of the analysis required by this Court's opinion in Batson v. Kentucky, 476 U.S. 79 (1986), that is, as a practical matter, impossible to satisfy?

Question Presented (AI Summary)

Whether a pretrial request for self-representation can be held 'untimely'

Docket Entries

2021-02-26
Record returned to the Supreme Court of California (8 boxes).
2021-02-22
Petition DENIED.
2021-02-12
DISTRIBUTED for Conference of 2/19/2021.
2021-01-19
Rescheduled.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-11
Rescheduled.
2021-01-11
DISTRIBUTED for Conference of 1/15/2021.
2020-12-16
Rescheduled.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-01
Record received from the Supreme Court of California (8 boxes).
2020-11-17
Record Requested.
2020-11-05
DISTRIBUTED for Conference of 11/20/2020.
2020-10-28
Reply of petitioner Joe Edward Johnson filed.
2020-10-16
Brief of respondent State of California in opposition filed.
2020-09-08
Motion to extend the time to file a response is granted and the time is further extended to and including October 16, 2020.
2020-09-04
Motion to extend the time to file a response from September 16, 2020 to October 16, 2020, submitted to The Clerk.
2020-08-17
Brief amicus curiae of California Attorneys for Criminal Justice filed.
2020-08-06
Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020.
2020-08-05
Motion to extend the time to file a response from August 17, 2020 to September 16, 2020, submitted to The Clerk.
2020-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2020)

Attorneys

California Attorneys for Criminal Justice
Alison PlessmanHueston Hennigan LLP, Amicus
Joe Edward Johnson
Andrew Charles ShearOffice of the State Public Defender, Petitioner
State of California
Clara M. LeversAttorney General of California, Respondent
Melissa Julia LiponCalifornia Department of Justice, Respondent