No. 19-5014

Ricardo Donate-Cardona v. United States

Lower Court: Third Circuit
Docketed: 2019-07-01
Status: GVR
Type: IFP
IFP
Tags: affidavit appointed-counsel civil-procedure civil-rights constitutional-law constitutional-review court-filing defendant-dissatisfaction due-process effective-assistance-of-counsel in-forma-pauperis indigent-status legal-redress poverty-affidavit sixth-amendment standing substitute-counsel
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Sixth Amendment right to effective assistance of counsel requires a court to appoint substitute counsel when a defendant expresses dissatisfaction with appointed counsel

Question Presented (OCR Extract)

No question identified. : (C) I believe that I am entitled to the redress I seek in the cause; (D) this review is sought in good faith; (E) the nature of the cause is briefly stated as a Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit; (F) the petition raises substantial questions of constitutional law, as set forth more fully in my Petition filed herewith. I further swear that the responses which I have made to the questions and instructions below relating to my ability to pay the costs of prosecuting the appeal are true. 1) Iam presently unemployed. 2) I have not received within the last 12 months any income from a business, profession of other form of self-employment, in the form of rent payments, interest, dividend, or other source. 3) I do not own cash or a checking or savings account. 4) I do not own any real estate, stocks, bonds, notes, automobiles, or other valuable property. 5) I have no persons dependent on me for support. 6) I have read the foregoing and state that it is true and correct. 2 Done this ws. day of June 2019. Ricardo Donate-Cardona_ . Reg. # 35253-069 FCI Coleman Low P.O. Box 1031 Coleman, FL 33521 3 AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED JN FORMA PAUPERIS I, _ Ricardo Donate-Cardona , am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. = ILED Income source Average monthly amount during Amount expected a the past 12 months next month JUN 25 2019 , You Spouse You Donsese COURT HES Employment g_0.00 g_ 900 g__ 900 g_ 0.00 Self-employment g_0.00 g_ 0.00 g__ 9.00 g_ 0.00 Income from real property g_0.00 g_ 000g 900g 0 (such as rental income) Interest and dividends g_ 0.00 g__0.00 $ 0.00 = g¢ 0.00 Gifts $0.00 g 000 8 ¢ 0.00 g___ 0.00 Alimony g_900 gon g_9-00 $0.00 Child Support g__9.00 $___0.00 $_0.00 $__0.00__ Retirement (such as social $__ 0.00 $ 0.00 g 9.00 g__0.00 security, pensions, . annuities, insurance) Disability (such as social g_o00 = = g 9 g 000 ¢ 000 security, insurance payments) . Unemployment payments g_0.00 $ 9.00 g 900g 0.00 . 0.00 0.00 Public-assistance $ go g__ 0.00 gg 00 (such as welfare) 0.00 : Other (specify; = OP gh g 0.00 g__ 9.00 Total monthly income: $2.90 g__ 9.00 g__ 0.00 g__°.00 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment NA ne TO $—_—_ — ee ee $e . 8, List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment oe res OO $$ NIA $ ea __ $$ 4. How much cash do you and your spouse have? $. Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has ee a oo ee |): ee a 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. LC Home (J Other real estate Value___N/A_ Value NA OO Motor Vehicle #1 ° : O Motor Vehicle #2 Year, make & model Year, make & model Value Value O Other assets : Description NIA Value : 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money — NA $$ $o oe $ oo $e — $_

Docket Entries

2019-11-18
JUDGMENT ISSUED.
2019-10-15
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-08-30
Memorandum of respondent United States filed.
2019-07-25
Motion to extend the time to file a response is granted and the time is extended to and including August 30, 2019.
2019-07-24
Motion to extend the time to file a response from July 31, 2019 to August 30, 2019, submitted to The Clerk.
2019-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Ricardo Donate-Cardona
Ricardo Donate-Cardona — Petitioner
Ricardo Donate-Cardona — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent