No. 18-5910

Curtis Dee Packard v. Barry Goodrich, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2018-09-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment assistance-of-counsel confrontation-clause criminal-procedure due-process ineffective-assistance pro-se-representation public-defender right-to-counsel self-representation sixth-amendment trial-court withdrawal-of-counsel
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether both the trial court and the State's Public Defender''s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I) Whether both the trial court and the State's Public Defender’'s Office invited error and erroneously denied the Petitioner his 6th Amendment rights to assistance of counsel; after the State Pubic Defender's Office confirmed that the Petitioner had properly filled out his application for assistance of counsel and qualified for assistance at state expense and after the trial court had ratified the entry of appearance, in permitting the Public Defender's Office to withdraw its representation of the Petitioner after the Public Defender's Office later alleged that the application for assistance of counsel was incomplete? II) Whether; when the Petitioner's choice, intentional and/or implied, to represent himself and proceed without the assistance of counsel completely breaks down, countervailing considerations mandate that a trial court appoint, sua sponte, the appointment of counsel to protect the rights of an accused? III) Whether an objection; made by the Petitioner who was proceeding in a pro se capacity in a criminal trial, in regards to the complete failure of the prosecution to establish the unavailability of a witness whose deposed testimony was later introduced at trial, can be reasonably construed to be an objection as to a violation of the Petitioner's 6th Amendment rights to Confrontation whose provisions, by themselves, does not permit the admittance of such testimony absent an affirmative showing of a firmly rooted exception? ii

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-12
Waiver of right of respondent Barry Goodrich, Warden, et al. to respond filed.
2018-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)

Attorneys

Barry Goodrich, Warden, et al.
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Curtis D. Packard
Curtis D. Packard — Petitioner