No. 20-6176

Brandon J. Weathers v. Scott R. Frakes, Director, Nebraska Department of Correctional Services

Lower Court: Eighth Circuit
Docketed: 2020-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-claim due-process habeas-corpus ineffective-assistance-of-counsel pro-se pro-se-representation right-to-counsel standard-of-justice standard-of-review
Latest Conference: 2021-01-08
Question Presented (from Petition)

1. Did the Court of Appeals correctly apply the interest of justice standard into the Petitioner's substitution of counsel claim where the trial facts into the circumstances underlying the

2. Did the Petitioner knowingly and intelligently waive his right to counsel nine days after discharging appointed counsel?

Question Presented (AI Summary)

Did the Court of Appeals correctly apply the 'interests of justice' standard to the Petitioner's substitution of counsel claim where the trial court made no inquiry to gather information regarding the circumstances underlying the request, where the Petitioner proceeded pro se and asserted his right to counsel only days after a conviction

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-11-30
Waiver of right of respondent Frakes, Warden to respond filed.
2020-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2020)

Attorneys

Brandon J. Weathers
Brandon J. Weathers — Petitioner
Frakes, Warden
James A. CampbellNebraska Attorney General's Office, Respondent