waiver-of-counsel

26 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6347 Jim Lundi v. United States Eleventh Circuit 2025-12-12 Denied Response WaivedIFP appellate-counsel conflict-of-interest direct-appeal ineffective-assistance plea-colloquy waiver-of-counsel 1.) Whether Nu appointment of Coun Se | who labors \wh eres \S o bust ok. Aescrehiow 2 ——Aypetlate Counsels fale ' 2.)\whedher \ mdi' Dlea colloquy e…
25-5955 Jarred Javon Ford v. United States Fourth Circuit 2025-10-24 Denied Response WaivedIFP constitutional-protection criminal-procedure defendant-rights due-process judicial-inquiry waiver-of-counsel Whether the Court should prescribe more specific requirements to ensure consistency and that defendants' waivers are knowing, voluntary, and intellige…
24-6420 Stephen C. Stanko v. Bryan P. Stirling, Director, South Carolina Department of Corrections, et al. Fourth Circuit 2025-01-29 Denied IFP capital-punishment expert-services habeas-corpus ineffective-assistance-of-counsel traumatic-brain-injury waiver-of-counsel 1. Does 28 U.S.C. § 2253(c)(1)(A) require a certificate of appealability for review of an order prematurely granting summary judgment against the peti…
24-295 Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-09-16 Denied Response Waived circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel 1. Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can v…
24-5485 Onofre Serrano v. California California 2024-09-09 Denied Response WaivedIFP critical-stage due-process harmless-error ineffective-assistance right-to-counsel waiver-of-counsel 1. Whether reasonable jurist could debate the state court of appeals conclusion that Petitioner's waiver of the right to counsel was voluntary, knowin…
23A1145 Percy L. Jacobs v. United States Fourth Circuit 2024-06-24 Presumed Complete competency-to-proceed criminal-procedure faretta-hearing right-to-counsel sixth-amendment waiver-of-counsel Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offenses …
23-7663 Sandra Denise Curl, aka Sandra Curl Jacobs, aka Sandra Curl-Jacobs El, aka Minister Sandra El v. United States Fourth Circuit 2024-06-07 Denied Response WaivedIFP criminal-procedure due-process mental-health right-to-counsel sixth-amendment von-moltke-v-gillies waiver waiver-of-counsel I. Whether, for a waiver of the Sixth Amendment right to trial counsel to be effective, a defendant must understand the elements of the charged offens…
23-6706 Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al. Ohio 2024-02-08 Denied Response WaivedIFP criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel Does this Court no longer recognize this Court's long standing precedent in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), that…
23-6187 Jamar Green v. United States Fourth Circuit 2023-12-07 Rehearing Response RequestedResponse WaivedRelisted (3)IFP appellate-review constitutional-validity criminal-procedure due-process federal-criminal-procedure guilty-plea plea-bargaining pro-se-representation right-to-counsel sentencing waiver-of-counsel waiver-of-rights 1. Whether an uncounseled felony guilty plea is Constitutionally valid when the defendant was not properly warned by the trial court of the perils of …
22-7125 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2023-03-28 Denied Response WaivedIFP constitutional-rights critical-stage federal-law pro-se right-to-counsel sixth-amendment standby-counsel waiver-of-counsel The Constitution requires that "any waiver of the right to counsel be knowing, voluntary, and intelligent." The question here is whether the Tenth Ci…
22-6761 Joshua David Lambert v. Washington Washington 2023-02-10 Denied IFP civil-procedure copyright-law criminal-procedure damages due-process jurisdiction legal-notice right-to-counsel sentencing statutory-interpretation waiver-of-counsel I. Ca Coun\el 'ho 5ofN£ cbyrjgj- r\c>i ciU dk&iryes, (\V\\ ~vk^ U/a\v/e«r- 5+\\^K 0L, W ~VL<l cle/fr\d«iK-fK 1-5 ASf appr/tej 0f~ oA^ CKai/Ti eS Q^c…
22-643 Jason Devon Lenoir v. Lynn Guyer, Warden, et al. Ninth Circuit 2023-01-11 Denied Response Waived certificate-of-appealability faretta-hearing fourteenth-amendment pro-se-representation psychological-evaluation right-to-counsel sixth-amendment waiver-of-counsel Is a criminal defendant entitled to a COA when he has demonstrated and made a substantial showing that his rights were denied under the Sixth and Four…
22-6133 David Priester v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-11-23 Denied Response WaivedIFP anders-review constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel miranda-rights right-to-counsel sentencing-mitigation voluntariness waiver-of-counsel Battery or identify theft, where one pays inconsistent testimony battery, and the statute of grand theft? Is Does the petitioner have a due process r…
21-7904 Vladimir Duarte v. New York New York 2022-05-18 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process faretta-standard faretta-v-california self-representation sincerity sixth-amendment unequivocal-request waiver-of-counsel When a defendant makes an "unequivocal" request for self-representation, the court must, under Faretta v. California, 422 U.S. 806, 835-836 (1975), pe…
21-6667 Thomas Orville Bastian v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-12-20 Denied Response WaivedIFP collateral-review constitutional-protections due-process fifth-amendment interrogation-rights procedural-default right-to-counsel shackling waiver-of-counsel 1. State courts denied Bastian the constitutional protections due to him under the Fifth Amendment by finding that it was Bastian who had initiated a …
21-5538 Michael Joseph Edmondson v. Ashley Moody, Attorney General of Florida, et al. Eleventh Circuit 2021-08-31 Denied Response WaivedIFP 14th-amendment 6th-amendment constitutional-rights due-process fourteenth-amendment habeas-corpus self-representation sixth-amendment waiver-of-counsel In this case, the United States Court of Appeals per curiam affirmed denial of Petitioner's appeal for habeas corpus relief. Petitioner contends that …
20-7539 Schenvisky James v. Sherman Campbell, Warden Sixth Circuit 2021-03-23 Denied Response WaivedIFP 2nd-amendment brown-vs-board civil-rights constitutional-rights due-process faretta-warning free-speech right-to-counsel self-representation standing waiver-of-counsel FOR A STATE PRISONER TO RAISE THE OCCURRENCE OF A JURISDICTIONAL I. IS IT PERMISSIBLE DURING HABEAS CORPUS S REVIEW IF THE PETITIONER COURT PROCEEDING…
20-6916 Stephen M. Patterson, Jr. v. United States Sixth Circuit 2021-01-22 Denied Response WaivedIFP 6th-amendment civil-rights due-process edwards-standard indiana-v-edwards mental-competency self-representation sixth-amendment waiver-of-counsel 1. Whether Edwards' heightened competency standards apply when a court grants a borderline competent and mentally ill defendant's request to represent…
20-5629 Lester Waller v. Vance Laughlin, Warden Georgia 2020-09-09 Denied Response WaivedIFP due-process expert-witness-testimony fourteenth-amendment ineffective-assistance prosecutorial-misconduct right-to-counsel sixth-amendment trial-court-error waiver-of-counsel Did the Trial Court err when it determined Defendant's waiver of counsel was valid thus violating his Sixth Amendment Right to Counsel and his Fourtee…
19-7856 Richard Kenneth Djerf v. David Shinn, Director, Arizona Department of Corrections Ninth Circuit 2020-03-03 Denied IFP circuit-split criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel pro-se-representation right-to-counsel sixth-amendment waiver-of-counsel In a state capital murder case, the state prosecutor and trial court recognized on the record that trial counsel were not properly investigating and p…
19-6458 Torrence E. Davis v. Arizona Arizona 2019-10-31 Denied Response WaivedIFP conditional-demand constitutional-rights criminal-procedure equivocal-invocation equivocal-request faretta-right faretta-v-california judicial-discretion new-counsel pro-per right-to-counsel self-representation self-representation-right trial-court-advisement waiver-of-counsel In Faretta v. California, this Court held that criminal defendants have the right to represent themselves in criminal prosecutions. Faretta v. Califor…
18-9764 Adnan Ibrahim Harun A. Hausa v. United States Second Circuit 2019-06-24 Denied Response WaivedIFP 6th-amendment circuit-court-conflict circuit-split faretta faretta-inquiry pro-se pro-se-representation right-to-counsel sixth-amendment waiver waiver-of-counsel 1. Should a petition for writ of certiorari be granted to resolve a conflict between the Second and Eleventh Circuit Courts of Appeal on whether a def…
18-8387 Delmart E. J. M. Vreeland, II v. David Zupan, Warden, et al. Tenth Circuit 2019-03-12 Denied Response WaivedIFP conflicting-rulings defendant-rights due-process forfeiture implied-waiver intelligent judicial-discretion knowing right-to-counsel trial-court-procedure voluntary waiver waiver-of-counsel Whether a trial court violates this Court's requirement that any waiver of counsel be knowing, voluntary and intelligent when it forces a defendant to…
18-7196 Edward Allen McElroy v. United States Ninth Circuit 2018-12-28 Denied Response WaivedIFP child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime…
18-6949 Eric A. Klein v. United States Second Circuit 2018-12-07 Denied Response WaivedRelisted (2)IFP critical-stages federal-felony johnson-v-zerbst limited-appearance plea-negotiations pro-se right-to-counsel sixth-amendment sixth-amendment-right-to-counsel waiver-of-counsel QUESTION I Whether in Federal Felony case because of the 6th Amendment of Bill of Rights where the Defense Arraigment Counsel made a "Limited Appeara…
18-5679 William J. O'Brien, III v. United States Third Circuit 2018-08-21 Denied Response WaivedIFP criminal-procedure due-process right-to-counsel self-representation sixth-amendment trial-court trial-procedure waiver waiver-of-counsel Was not William O'Brien, III denied his Sixth Amendment Right to counsel when the trial court refused to appoint a lawyer for him at the hearing at wh…