No. 19-6445

Lewellyn Charles Cox, IV, aka Sho, aka Showtime, aka Showtyme v. United States

Lower Court: Ninth Circuit
Docketed: 2019-10-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment due-process fifth-amendment guilty-plea harmless-error harmless-error-analysis ineffective-assistance right-to-self-representation self-representation self-representation-at-sentencing sentencing structural-error
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether denial of a right to self-representation during sentencing is subject to harmless error analysis or structural error

Question Presented (from Petition)

QUESTIONS PRESENTED | (1) Whether denial of a right to self-representation during sentencing is subject to harmless error analysis as held by the Ninth Circuit, or subject to structural error as , held in the Fifth Circuit? Subquestion: (A) Whether harmless error analysis regarding a denial of self representation violates the Constitution, by ; placing to high a burden of showing ineffective assistance, without the ability to expand the record? [Is denial of self-representation at sentencing structural error? ] (2) Whether by Counsel losing a witness's signed statement givem by a witness who asserted a Blanket Fifth Amendment claim not to answer any questions, caused the pro se defendant prejudice in his efforts to withdraw his guilty plea for a fair and just reason, remdering his right to self-representation meaningless? (3) Whether by denying the Defendant's request for a continuance after being granted his pro se right minutes earlier, prejudiced his ability to make a defense and—obtain-evidence showing fabricated evidence to: show a fair and just reason to withdraw his guilty plea under Rule 11? (4) Whether a judge can threaten that he could knowingly impose an illegal guideline calculation if the case returns on appeal or collateral attack? ; (5) Whether the District Court can, ignore ruling on a idicative ruling request, concerning fabricated evidence while appeal is pending? t Ps ver ‘ ‘¢ . 7 ‘ tie 4 . iii

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-05
Waiver of right of respondent United States to respond filed.
2019-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)
2019-07-10
Application (19A42) granted by Justice Kagan extending the time to file until August 31, 2019.
2019-06-28
Application (19A42) to extend the time to file a petition for a writ of certiorari from July 2, 2019 to August 31, 2019, submitted to Justice Kagan.

Attorneys

Lewellyn Charles Cox
Lewellyn Charles Cox IV — Petitioner
Lewellyn Charles Cox IV — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent