No. 18-6417

Derrick Wilson v. United States

Lower Court: Second Circuit
Docketed: 2018-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: faretta-v-california faretta-waiver Fifth-Amendment-due-process Fourth-Amendment Franks-v-Delaware johnson-v-zerbst pro-se-representation right-to-counsel sixth-amendment sixth-amendment-right United-States-v-Giordano voluntariness waiver wiretap-application
Key Terms:
DueProcess FifthAmendment FourthAmendment Privacy
Latest Conference: 2018-11-30
Question Presented (AI Summary)

When trial counsel informs the court that he is not prepared for trial and the court's Faretta colloquy does not inquire into the voluntariness of Petitioner's decision to proceed pro se, did the Circuit Court err in concluding Petitioner voluntarily waived his Sixth Amendment right to counsel?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. When (a) trial, counsel informs the court that he is not : prepared -for trial; and (b) the court's Faretta colloquy does not : inquire into the voluntariness of Petitioner's decision to proceed pro se; did the Circuit Court err when it concluded Petitioner voluntarily waived his Sixth Amendment right to counsel, because Petitioner affirmed he was ready for trial, when under Faretta v. ~ California, 422 U.S. 806 (1975) and Johnson. v. Zerbst, 304 U.S. 458 (1938), the proper standard for determining the voluntariness of waiver is whether Petitioner's alternative to self—' representation was constitutional Ly offensive? II. Whether Petitioner made a substantial preliminary showing challenging the veracity of the wiretap applicatioris, relating to . "Necessity" (18 U.S.C. §§ invoke his Fourth Amendment right against illegal search and seizure, and his right . to be heard guaranteed by the Fifth Amendment Due Process Clause, mandating an evidentiary. hearing in accordance with Franks v. . : Delaware, 438 U.S. 154 (1978) and United States v. Giordano, 416 : U.S. 505 (1974). III. Whether Petitioner made a substantial preliminary showing of "outrageous conduct" by the government to invoke his right to be heard guaranteed by the Fifth Amendment Due Process Clause, mandating an evidentiary hearing to determine whether the government engaged in conduct that : . oof , . \

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondent United States to respond filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Derrick Wilson
Derrick D. Wilson II — Petitioner
Derrick D. Wilson II — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent