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 The United States Court of Appeals for the Eleventh Circuit held that the defendant had clearly and unequivocally asserted his Sixth Amendment …

Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Eastern District of Missouri erred by concluding …

Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’ by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia unanimously held that courts maintain discretion to consider “hybrid motions,” i.e., motions filed pro se by defendants who …

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 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate District, reversed a conviction for assault on a peace officer by means of …

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 by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit held that U.S. District Court for …

Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit affirmed the grant of habeas corpus relief on December 18, 2020, agreeing that the Arkansas Supreme Court wrongly denied a defendant’s …

Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that a defendant asking a single objectionable question, without more, was insufficient reason to justify the U.S. …