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Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry
Loaded on Aug. 1, 2025
by Jeffrey Cohen
published in Criminal Legal News
August, 2025, page 42
Filed under:
Mootness,
Counsel - Withdrawal/Substitution of,
Self-representation.
Location:
Florida.
The United States Court of Appeals for the Eleventh Circuit held that the defendant had clearly and unequivocally asserted his Sixth Amendment right to self-representation at sentencing, which imposed a constitutional duty on the U.S. District Court for the Southern District of Florida to conduct a Faretta inquiry and …
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More from this issue:
- Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt?, by Michael Thompson
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, by Richard Resch
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, by Douglas Ankney
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- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, by David Kim
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- Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute, by David Kim
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, by Richard Resch
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, by Matthew Clarke
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, by David Reutter
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, by David Kim
- California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, by Sagi Schwartzberg
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, by Anthony Accurso
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, by Jeffrey Cohen
- AI Honeypots: Police Are Using Chatbots to Pose as Teens and Sex Workers to Entrap Suspects, by Michael Thompson
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, by David Kim
- Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry, by Jeffrey Cohen
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, by David Kim
- DEA’s Secret Phone Surveillance Program ‘Hemisphere’ Sparked Internal Warnings—Then a Cover-Up, by Charles "Keith" Wampler
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- News in Brief
More from Jeffrey Cohen:
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, Aug. 1, 2025
- Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry, Aug. 1, 2025
- Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment, May 15, 2025
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, May 15, 2025
- Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings, March 15, 2025
More from these topics:
- Delaware Supreme Court Announces Trial Courts Must First Resolve Defense Counsel’s Motion to Withdraw Before Addressing Defendant’s Plea-Withdrawal Request, Holding Failure to Do So Violates Sixth Amendment Right to Counsel, Jan. 1, 2026. Appointment of Counsel, Sixth Amendment, Counsel - Constructive denial of, Self-representation, Withdrawal.
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, Sept. 1, 2024. Sovereign Immunity, Judicial or Administrative Orders, Self-representation.
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, June 15, 2023. Self-representation.
- California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, Feb. 15, 2023. Mental Health, Self-representation, Mental Health Records.
- Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, July 15, 2022. Self-representation.
- California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served, March 1, 2022. Disciplinary Appeals, Mootness.
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, Feb. 15, 2022. Mootness, Appeals/Appellate Jurisdiction, Deportation/Removal/Exclusion.
- Prison Officials Actions to Correct Inhumane Cell Conditions Merit Judgement in Their Favor, Nov. 1, 2021. Conditions of Confinement, Mootness.
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel, Oct. 1, 2021. Due Process, Legal Mail, Periods of Delay, Self-representation.
- California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery, Sept. 1, 2021. Mootness, Habeas Corpus, Censorship.





