No. 19-6335

James Morris Balagia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-jurisdiction collateral-order-doctrine counsel-of-choice disability-accommodation interlocutory-appeal legal-review reasonable-accommodation rehabilitation-act rehabilitation-act-of-1978 right-to-counsel sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-11-15
Question Presented (AI Summary)

Does United States v. Gonzalez-Lopez abrogate Flanagan v. United States and permit interlocutory appellate review of the denial of counsel of a defendant's choice?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does United States v: Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) abrogate Flanagan v. United States, 465 U.S. 259 (1984) and permit interlocutory appellate review of the denial of counsel of a defendant’s choice pursuant to the Collateral Order Doctrine? ; 2. Does an appellate court have jurisdiction pursuant to the Collateral Order Doctrine to review an order denying a request for a continuance as a reasonable accommodation for a disability when such denial of continuance results in defendant not being represented by counsel of his choosing? : 3. Is a defendant entitled to a reasonable accommodation for the disability of his a counsel? . . : ii

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Waiver of right of respondent United States to respond filed.
2019-10-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2019)

Attorneys

James M. Balagia
James Morris Balagia — Petitioner
James Morris Balagia — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent