No. 18-6457

Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment
Key Terms:
Immigration
Latest Conference: 2018-11-30
Question Presented (AI Summary)

Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, will protect a defendant who in the first instance could afford to pay for his own attorney and after some time spent incarcerated, become indigent and unable to afford to pay for a new retained attorney; or under these circumstances above mentioned, does defendant lose the protection of the right to counsel of choice? If it is so, when?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED “WHETHER THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND TO COUNSEL OF CHOICE, WHICH ALSO PROVIDED THE RIGHT TO DISCHARGE COUNSEL, WILL PROTECT A DEFENDANT WHO IN THE FIRST INSTANCE COULD AFFORD TO PAY FOR HIS OWN ATTORNEY AND AFTER SOME TIME | SPENT INCARCERATED, BECOME INDIGENT AND UNABLE TO , oe AFFORD TO PAY FOR A NEW RETAINED ATTORNEY; OR UNDER THESE ~ : CIRCUMSTANCES ABOVE MENTIONED, DOES DEFENDANT LOSE THE PROTECTION OF THE RIGHT TO COUNSEL OF CHOICE? IF IT IS SO, WHEN? WHETHER THE SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL AND TO COUNSEL OF CHOICE, WHICH ALSO PROVIDED THE RIGHT TO DISCHARGE COUNSEL, REQUIRES FOR TRIAL COURT TO CONDUCT A “SIXTH AMENDMENT INQUIRY” AS TO COUNSEL EFFECTIVENESS, WHEN DEFENDANT WHO IN THE FIRST INSTANCE COULD AFFORD TO PAY FOR HIS OWN ATTORNEY AND AFTER SOME TIME SPENT INCARCERATED, BECOME INDIGENT AND UNABLE TO AFFORD TO PAY FOR A NEW RETAINED ATTORNEY? ii Vv /

Docket Entries

2018-12-03
Petition DENIED.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-11-02
Waiver of right of respondent Julie Jones, et al. to respond filed.
2018-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2018)

Attorneys

Abel Puente
Abel Puente — Petitioner
Julie Jones, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent