No. 19-556

Lucas Allen Newnam v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-10-29
Status: Denied
Type: Paid
Tags: bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay
Key Terms:
Takings
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Should this Court establish a bright-line test for determining whether a criminal defendant's right to retained counsel of his choice is violated, wherein the only inquiry should be whether he or she has intentionally attempted to delay trial in bad faith?

Question Presented (OCR Extract)

QUESTION PRESENTED In every jurisdiction in the United Statesboth federal and statethere is a balancing test for deciding whether a court’s decision to deny a continuance request so that a criminal defendant may secure counsel of his choice violates that defendant’s right to counsel under the Sixth Amendment to the United States Constitution. On one hand, a criminal defendant’s right to counsel of his choice is important only if exercising it is satisfactory according to a number of extraneous considerations, but on the other hand is so important that its denial in certain circumstances automatically requires a new trial. The dissonance in the perception of the right to counsel of one’s choice is the crux of the matter in this Petition. Newnam thus posits this question: Should this Court establish a bright-line test for determining whether a criminal defendant’s right to retained counsel of his choice is violated, wherein the only inquiry should be whether he or she has intentionally attempted to delay trial in bad faith?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-10-25
Petition for a writ of certiorari filed. (Response due November 29, 2019)
2019-09-17
Application (19A305) granted by Justice Alito extending the time to file until October 25, 2019.
2019-09-13
Application (19A305) to extend the time to file a petition for a writ of certiorari from September 24, 2019 to October 25, 2019, submitted to Justice Alito.

Attorneys

Lucas Newnam
Todd Michael MosserMosser Legal, PLLC, Petitioner
Todd Michael MosserMosser Legal, PLLC, Petitioner