counsel-of-choice

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A440 Meelad Dezfooli v. United States Ninth Circuit 2025-10-17 Application counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment Question not identified.
25-281 Patrick Byrne v. US Dominion, Inc., et al. District of Columbia 2025-09-10 Denied Response Waived constitutional-rights counsel-of-choice defamation due-process fifth-amendment protective-order 1. In a civil defamation case where a discovery protective order is filed to shelter evidence of crimes, does a District Court err in affirming the di…
24-6774 Alberto Rivera v. Tim Thomas, Warden Seventh Circuit 2025-03-14 Denied Response WaivedIFP counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a "critical stage" without a counter…
24-6495 Billy Joe Taylor v. United States Eighth Circuit 2025-02-06 Denied Response WaivedIFP circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t…
24-213 Willis Franklin v. California California 2024-08-27 Denied Response Waived client-autonomy counsel-of-choice fourteenth-amendment mccoy-v-louisiana sixth-amendment trial-continuance Was petitioner denied his Sixth and Fourteenth Amendment rights to retained counsel of choice when the trial court failed to continue the trial during…
23-7603 Anthony Tyrone Brown v. James Corrigan, Warden Sixth Circuit 2024-05-30 Denied IFP administrative-law agency-determination civil-rights constitutional-interpretation counsel-of-choice due-process fraud fraud-statute judicial-review misconduct transcript The brid' Court Lomenitted FRRUD On) THE COURT 4 when The Cour f Change the Priel transeriptS of phe porobsen oO li hedrad 46 Caonsel Len fekourecf an…
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment I. Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte considerat…
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice despite Petitioner's willingness to knowingly a…
23-7185 Lawrence Northern v. Lizzie Tegels, Warden Wisconsin 2024-04-10 Denied Response WaivedIFP appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington 1. Is State v. Machner Unconstitutional? Subsumed within this question is a subsidiary question: Have Alabama, Texas, Wisconsin and the Eleventh Circu…
23-5702 Ian A. Milaski v. Florida Florida 2023-10-03 Denied Relisted (2)IFP arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court Whether the trial court's arbitrary and unreasonable denial of a continuance (i.e., "I have full confidence in [current defense counsel's] ability to …
23-5686 David Calhoun v. United States Third Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment Could jurists of reason debate the district court's resolution or conclude the issue presented is adequate to deserve encouragement to proceed further…
23A288 DeAndre Gordon v. Harold May, Warden Sixth Circuit 2023-10-02 Presumed Complete certificate-of-appealability counsel-of-choice habeas-corpus ineffective-assistance-of-counsel joinder-of-cases sixth-amendment-right-to-counsel Question not identified.
23-5115 Lonnie Eugene Lillard v. United States Ninth Circuit 2023-07-17 Denied IFP counsel-of-choice criminal-procedure due-process fund-seizure hearing-requirement luis-v-united-states right-to-counsel seizure-of-funds self-representation A. Whether a court may rule on a request for self-representation based solely on the existing record or whether it must hold a hearing and question th…
22-1065 John Paul Gosney, Jr. v. United States Eleventh Circuit 2023-05-02 Denied Response Waived asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability I Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified…
22-749 Andre Dow v. Nevada Nevada 2023-02-09 Denied 6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez 1. Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated and prejudice should have been presumed by the lower court in light of th…
22-5240 Robert C. Del Cid v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-01 Denied IFP civil-procedure constitutional-taint counsel-of-choice due-process equitable-tolling habeas-corpus ineffective-assistance mailbox-rule standing voir-dire I. WHETHER OR NOT THE EQUITABLE TOLLING, THE MAILBOX RULE ENTITLES PETITIONER FOR RELIEF WHEN THE SUPREME COURT, AS WELL AS THE LOWER COURTS ACCORD DE…
22-5172 Glen Torres v. Illinois Illinois 2022-07-25 Denied Response WaivedIFP co-counsel constitutional-right counsel-of-choice disqualification indigent-defendant right-to-counsel sixth-amendment trial-representation Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?
21-7536 Ramonta Forte v. Joe A. Lizarraga, Warden Ninth Circuit 2022-04-05 Denied Response WaivedIFP 6th-amendment counsel-of-choice discretion due-process federal-law habeas-corpus right-to-counsel sentencing 1. WHETHER THE DISTRICT COURT CORRECTLY DETERMINED THAT THE RIGHT TO COUNSEL AT SENTENCING IS NOT CLEARLY ESTABLISHED FEDERAL LAW? 2. WHETHER THE DIS…
21-7492 In Re Jonathan Manwell 2022-03-29 Denied IFP appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal DOES PETITIONER HAVE A CONSTITUTIONAL RIGHT TO LOCATED AND CONFISCATED EXCULPATORY FORENSIC EVIDENCE, TRANSCRIPTS AND DOCUMENTS NECESSARY FOR A MEANIN…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether this Honorable Court should grant review to decide an important question of federal law—whether a criminal defendant can forfeit or waive his …
21-6537 Stephen Condon Peters v. United States Fourth Circuit 2021-12-07 Denied Response WaivedIFP asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment Does it violate this Court's holding in Luis U. United States and the Sixth Amendment, where the trial court deprives a defendant of the use of untain…
21-5686 Tobias Soto-Melchor v. United States Ninth Circuit 2021-09-16 Denied Response WaivedIFP controlling-precedent counsel-of-choice ineffective-assistance ninth-circuit ninth-circuit-rule right-to-counsel right-to-counsel-of-choice right-to-effective-assistance-of-counsel sixth-amendment trial-delay What is the proper standard for evaluating a defendant's request to exercise his or her Sixth Amendment right to substitute retained counsel of choice…
21-355 In Re Larry Klayman 2021-09-07 Denied bar-admission bar-discipline client-interests constitutional-rights counsel-of-choice disciplinary-proceeding due-process legal-ethics presumption-of-innocence right-to-counsel 1. Did the U.S. Court of Appeals for the Eleventh Circuit ("Eleventh Circuit") err by denying Larry Klayman, Esq. ("Mr. Klayman") admission pending th…
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Can the State District Court convict petitioner without "paid" counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings, With a out…
20-1071 West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. West Virginia 2021-02-05 Denied 6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause Whether a state precedent which uses a state rule of procedure to disregard its own test for balancing the Constitutional interests implicated by a pr…
20-6912 Roy L. Rambo, Jr. v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2021-01-25 Denied Response WaivedIFP asset-forfeiture civil-rights constitutional-rights counsel-of-choice due-process pretrial-restraint retroactivity right-to-counsel sixth-amendment Did this Court's holding in Luis v. United States, 578 U. S. 194 L. Ed. 2d 256 (2016) simply clarify a Federal civil asset forfeiture statute by deter…
20-6906 Charles Hamilton v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-01-15 Denied Response WaivedIFP aedpa aedpa-restrictions counsel-of-choice criminal-defendant criminal-defendant-rights federal-law sixth-amendment state-court state-court-review 1. Whether a State Court's erroneous denial of a criminal defendant's Sixth Amendment Right to be represented by counsel of choice, resulted in a d…
20-5475 Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States Ninth Circuit 2020-08-24 Dismissed Response WaivedRelisted (2)IFP 60(b)(4) 60(b)(6) constitutional-rights counsel-of-choice due-process extraordinary-circumstances federal-law plea-petition right-to-counsel sixth-amendment 1) When thegovernment moves to strip a defendant of hiscounsel of choice,does the court have any obligation to hold to inquire and determine what the…
19-1071 Gerald Claude Carlson v. United States Ninth Circuit 2020-02-28 Denied Response Waived circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers 1. Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions holding that a finding of substantial or undue delay is …
19-877 Asmerom Gebreselassie v. Scott Frauenheim, Warden Ninth Circuit 2020-01-15 Denied Response Waived 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment DID THE NINTH CIRCUIT COURT OF APPEALS ERR IN FAILING TO GRANT A CERTIFICATE OF APPEALABILITY ON ANY OF THE FOUR ISSUES PRESENTED REGARDING FUNDAMENTA…
19-6735 Kwok Cheung Chow, aka Raymond Chow, aka Ha Jai v. United States Ninth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-principles counsel-of-choice courtroom-closure government-interest governmental-interest harmless-error overriding-interest public-trial right-to-counsel sixth-amendment 1. In Presley v. Georgia, 558 U.S. 209 (2010), this Court held the right to a public trial in criminal cases extends to the entire trial, and any clos…
19-556 Lucas Allen Newnam v. Pennsylvania Pennsylvania 2019-10-29 Denied bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay In every jurisdiction in the United States- both federal and state- there is a balancing test for deciding whether a court's decision to deny a contin…
19-6406 Clifford L. Rush v. Nebraska Nebraska 2019-10-28 Denied IFP conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel I. WHETHER OR NOT THE NEBRASKA SUPREME COURT OPINION IN AFFIRMING THE NEBRASKA LOWER COURT'S JUDGMENT DENYING PETITIONER THE SIXTH AMENDMENT RIGHT TO …
19-6335 James Morris Balagia v. United States Fifth Circuit 2019-10-22 Denied Response WaivedIFP appellate-jurisdiction collateral-order-doctrine counsel-of-choice disability-accommodation interlocutory-appeal legal-review reasonable-accommodation rehabilitation-act rehabilitation-act-of-1978 right-to-counsel sixth-amendment Does United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) abrogate Flanagan v. United States, 465 U.S. 259 (1984) and…
19-392 Martin A. Armstrong v. Securities and Exchange Commission, et al. Second Circuit 2019-09-24 Denied Response RequestedResponse WaivedRelisted (3) asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel 1. Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil e…
19-256 Yuzef Abramov v. United States Ninth Circuit 2019-08-28 Denied Response Waived constitutional-powers counsel-of-choice due-process extraterritorial-jurisdiction foreign-commerce-clause necessary-and-proper necessary-and-proper-clause sixth-amendment standing statutory-interpretation treaty-power I. Whether it is constitutional to extend 18 U.S.C. § 2423(c) to noncommercial conduct allegedly committed by a foreign citizen and resident against o…
18A1350 Yuzef Abramov v. United States Ninth Circuit 2019-06-21 Presumed Complete counsel-of-choice fair-trial gonzalez-lopez retained-counsel sixth-amendment structural-error Question not identified.
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-8871 Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-04-22 Denied Response WaivedIFP 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling 1. Whether the Sixth Amendment right to counsel of choice was violated when a state court issued an order which froze the defendant's lawfully acquire…
18-8713 Briand Williams v. California California 2019-04-05 Dismissed Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a Defendant have a right to replace his privately retained choice of counsel at anytime during the trial court proceeding even up to and at the a…
18-8572 Christopher Jones v. Florida Florida 2019-03-27 Denied IFP community-control-violations community-controller constitutional-interpretation continuance counsel-of-choice due-process judicial-review legal-procedure right-to-counsel speedy-trial statutory-analysis unconstitutional-conditions unrepresented-defendant violation-proceedings 1. Whether there i8 wilthin the minimum requirements of due process, a minimum set of guidelines to be considered by a Court, in olation proceedings, …
18-8230 Montgomery Carl Akers v. United States Tenth Circuit 2019-03-01 Denied Response WaivedIFP civil-procedure constitutional-rights counsel-of-choice court-procedure due-process fifth-amendment jurisdiction legal-obstruction record standing DOES HAVE A CONSTITUTIONAL RIGHT UNDER THE FIFTH AMENDMENT DUE PROCESS CLAUSE TO HAVE HIS CASE HEARD BY THE DISTRICT COURT AND APPELLATE COURT BASED U…
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches WHETHER THE WARRANTLESS SEARCHES OF PETITIONER'S PERSON, AND HIS MOTOR VEHICLE, WERE IN CLEAR VIOLATION OF HIS FOURTH AMENDMENT RIGHTS, AS ENUNCIATED …
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness The Petitioner sought to withdraw counsel because of a legitimate conflict in counsel's representation; and then, two months later, sought to substitu…
18-7254 Alvin E. Thomas v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error In Weaver v. Massachusetts, 137 S. Ct. 1899, 1911-12 (2017), this Court left open the question of whether a claim of ineffective assistance of counsel…
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Shawndell Everson was 32 years old when he was sentenced to 143 years (the equivalent of a life sentence ), for allegations of running a "looseknit" o…
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States, 486 U.S. 153 (1988) clearly establish that trial courts must consider reasonable alternatives before disqualifying a crim…
18-6457 Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-26 Denied Response WaivedIFP constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment WHETHER THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND TO COUNSEL OF CHOICE, WHICH ALSO PROVIDED THE RIGHT TO DISCHARGE COUNSEL, WIL…
18-5291 Martin Louis Ballard v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP deprived him of his right under the Sixth Amendme without any hearing 5th-amendment 6th-amendment bank-account bank-account-seizure civil-rights counsel-of-choice due-process fifth-amendment pretrial-seizure procedural-due-process seizure sixth-amendment Whether the pretrial seizure of petitioner's bank account, without any hearing, deprived him of his right under the Sixth Amendment to the United Stat…