No. 24-5929

David Mark Fink v. California

Lower Court: California
Docketed: 2024-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: evidentiary-hearing faretta-right judicial-discretion pro-se-representation sixth-amendment speedy-trial
Latest Conference: 2025-01-10
Question Presented (from Petition)

(1. The People have no standing to interject between an accused and his right of self-representation . When the court permits them to do so, does it undermine Faretta by encouraging prosecutors who cannot win fairly, to win by instigating revocation, as here?

(2. Did the court err by permitting the People's representation of evi dence to be the sole cause as the loss of self-representation? . (Carillo v. County of Los Angeles , 798 F.3d. 1210, 1220 (9th Cir. 2015) (appointing the prosecutor to act as the arbiter of relevant evidence is tantamount to "appoint[ing] the fox as henhouse guard. )).

(3. Does "[t]he right to be heard before being condemned to suffer griev- ious loss of any kind" (Mathew v. Eldridge , 424 US 319, 323 (1976)) apply to Faretta revocation ?

(4. Can a deleted statement be the sole cause of the loss of the right of self-representation?

(5. Has the substantial Sixth Amendment right of self-representation been been reduced to a farce or a sham?

Question Presented (AI Summary)

Whether a trial court improperly revoked a defendant's pro se status during an evidentiary hearing and violated Sixth Amendment speedy trial rights

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Waiver of right of respondent California to respond filed.
2024-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2024)

Attorneys

California
Kenneth Charles ByrneCalifornia Attorney General, Respondent
David M. Fink
David Fink — Petitioner