No. 21-8027

Derek J. DeGroot v. Wisconsin

Lower Court: Wisconsin
Docketed: 2022-06-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does the Sixth Amendment require a trial court to conduct a competency colloquy, pursuant to this Court's holding in Faretta v. California, where a defendant makes a mid-trial demand to represent himself (alleging a conflict with counsel), and if so, is the trial court required to conduct the colloquy and allow that defendant to proceed pro se if it determines he is competent?

Was the Petitioner denied his Sixth Amendment right to effective assistance of counsel, and does the Constitution require an appellate court to apply the cumulative error analysis to ineffective assistance of counsel claims pursuant to the principles of this Court's holding in Kyles v. Whitley, and Chambers v. Mississippi?

Was the Petitioner deprived of his Sixth and Fourteenth Amendment rights to a fair trial where the defense was taken by surprise by the evidence offered, and if so, pursuant to this Court's holding in Oregon v. Kennedy, does the Double Jeopardy Clause of the Fifth Amendment bar retrial where a multitude of prosecutorial misconduct was undertaken to goad the defense into asking for a mistrial, and where the judge prevented juror review of admitted exculpatory police reports subsequent to an expression of a fear of dismissal?

Question Presented (AI Summary)

Does the Sixth Amendment require a trial court to conduct a competency colloquy where a defendant makes a mid-trial demand to represent himself?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-06-23
Waiver of right of respondent State of Wisconsin to respond filed.
2022-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2022)

Attorneys

Derek J. DeGroot
Derek J, DeGroot — Petitioner
State of Wisconsin
Loryn L. LimogesWisconsin Department of Justice, Respondent