No. 18-7196

Edward Allen McElroy v. United States

Lower Court: Ninth Circuit
Docketed: 2018-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime term of supervised release that must follow the term of imprisonment, and where the defendant wishes to represent himself under Faretta v. California, 422 U.S. 806 (1975), is his waiver of counsel 'knowing and intelligent' when, during the Faretta colloquy, the district court fails to advise him about the meaning and effect of 'supervised release'?

Question Presented (from Petition)

QUESTION PRESENTED Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime term of supervised release that must follow the term of imprisonment, and where the defendant wishes to represent himself under Faretta v. California, 422 U.S. 806 (1975), is his waiver of counsel “knowing and intelligent” when, during the Faretta colloquy, the district court fails to advise him about the meaning and effect of “supervised release’’? ii

Docket Entries

2019-02-19
Petition DENIED.
2019-01-17
DISTRIBUTED for Conference of 2/15/2019.
2019-01-09
Waiver of right of respondent United States to respond filed.
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019)

Attorneys

Edward Allen McElroy
Michael Robert LevineLEVINE & MCHENRY, LLC, Petitioner
Michael Robert LevineLEVINE & MCHENRY, LLC, Petitioner
Michael Robert LevineLEVINE & MCHENRY, LLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent