No. 18-5351

Payman Borhan v. Joe A. Lizarraga, Warden

Lower Court: Ninth Circuit
Docketed: 2018-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability choice-of-counsel criminal-procedure due-process habeas-corpus ineffective-assistance mccoy-v-louisiana right-to-choice-of-counsel right-to-counsel sixth-amendment
Latest Conference: 2018-09-24
Question Presented (from Petition)

(1) Under the modest standard for a certificate of appealability, is it at least debatable that the state court unreasonably ignored both Borhan's justifications for seeking retained counsel and the critical fact that counsel was waiting in the courtroom ready to assist as Mr. Borhan's lawyer?

(2) Is Borhan's claim worthy of proceeding to an appeal because the trial court's refusal to allow him retained counsel of his choice deprived him of his right—as set forth in McCoy v. Louisiana—to choose the fundamental direction of his case?

Question Presented (AI Summary)

Whether the trial court's refusal to allow the defendant to retain his own counsel of choice deprived him of his Sixth Amendment right to choose the fundamental direction of his defense

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-07-31
Waiver of right of respondent Joe A. Lizarraga, Warden to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2018)

Attorneys

Joe A. Lizarraga, Warden
Daniel Chi-Sum ChangCalifornia Attorney General's Office, Respondent
Payman Borhan
Joseph Anthony TrigilioFederal Public Defender, Petitioner