No. 21-5682

Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2021-09-15
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel
Latest Conference: 2021-11-12
Question Presented (from Petition)

Most federal courts of appeal require that defendants are aware of the "dangers and disadvantages" of self-representation prior to waiver of their Sixth Amendment right to counsel; this includes a knowledge of the range of punishment and procedural and evidentiary rules. In contrast, this Petitioner's Faretta hearing amounted to hollow formalities, whereby she was erroneously told that the maximum punishment was twenty years and that the trial court would provide some leeway. In addition, contrary to this court's holding in McKaskle v. Wiggins, 465 U.S. 168, emphasizing that "no absolute bar on standby counsel's participation is appropriate," the trial court in this case, restricted standby counsel's solicited participation.

Did the Faretta hearing in this case result in a decision that was contrary to, or an unreasonable application of, clearly established federal law, as determined by this honorable court?

Question Presented (AI Summary)

Did the Faretta hearing in this case result in a decision that was contrary to, or an unreasonable application of, clearly established federal law, as determined by this honorable court?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

Sheila Davalloo
Sheila Davalloo — Petitioner