Gerald D. Fields v. Jay Forshey, Warden
Whether Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L.Ed.2d 562 (1975), imposes a duty on trial courts to make defendants aware of "the dangers and disadvantages" of self-representation before finding a knowing and voluntary waiver of their right to counsel (as the Third and D.C. Circuits hold), or whether, despite failing to warn defendants of these dangers and disadvantages, trial courts may find they validly waived their right to counsel, if the record otherwise reflects a knowing and voluntary decision to proceed pro se (as the Second and Eleventh Circuits hold); and
Whether, in the aftermath of Weaver v. Massachusetts, 582 U.S. 286, 137 S. Ct. 1899, 198 L.Ed.2d 420 (2017) (plurality), deprivation of counsel at the critical stage of sentencing is a structural error that compromises "fundamental fairness," such that a habeas petitioner need show no prejudice when raising the issue in a petition for a writ of habeas corpus.
Whether the Sixth Amendment requires trial courts to explicitly warn defendants of the dangers of self-representation before finding a knowing and voluntary waiver of counsel, and whether deprivation of counsel at sentencing constitutes a structural error requiring no showing of prejudice