No. 23A558

Gerald D. Fields v. Jay Forshey, Warden

Lower Court: Sixth Circuit
Docketed: 2023-12-18
Status: Presumed Complete
Type: A
Tags: habeas-corpus ineffective-assistance pro-se-representation right-to-counsel sixth-amendment structural-error
Latest Conference: N/A
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2023-12-18
Application (23A558) granted by Justice Kavanaugh extending the time to file until March 3, 2024.
2023-12-14
Application (23A558) to extend the time to file a petition for a writ of certiorari from January 3, 2024 to March 3, 2024, submitted to Justice Kavanaugh.

Attorneys

Gerald Fields
Andrew Stuart PollisMilton A. Kramer Law Clinic Center, Petitioner