No. 21-7904

Vladimir Duarte v. New York

Lower Court: New York
Docketed: 2022-05-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel
Latest Conference: 2022-09-28
Question Presented (from Petition)

When a defendant makes an "unequivocal" request for self-representation, the court must, under Faretta v. California, 422 U.S. 806, 835-836 (1975), permit self-representation upon finding that the defendant has knowingly and voluntarily waived the right to counsel with "eyes open." The question presented is whether, when assessing whether the self-representation request is unequivocal, does a court assess only the plain language of the self-representation request, or must the court also determine whether, given the entire record, it appears that the defendant sincerely desires self-representation?

Question Presented (AI Summary)

Whether a court must assess only the plain language of a defendant's self-representation request or also determine whether the defendant sincerely desires self-representation

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-16
Waiver of right of respondent New York to respond filed.
2022-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2022)

Attorneys

New York
Steven Chiajon WuNew York County District Attorney's Office, Respondent
Vladimir Duarte
Matthew Joseph BovaCenter for Appellate Litigation, Petitioner