whether-a-trial-court-deprives-a-defendant-of-his-right-to-counsel

QUESTIONS PRESENTED I. Whether a Trial Court Deprives a Defendant of His Right to Counsel by Discharging a Defendant’s Hired Attorney of Choice Just Before Trial Was to Start II. Whether a Trial Court Deprives a Criminal Defendant of His Right to Retained Counsel of Choice at His Motion for New Trial and/or Sentencing i TOPICAL INDEX Page QUESTIONS PRESENTED .0.00 eee eee RELEVANT CONSTITUTIONAL PROVISIONS .2 A. State Trial Court Proceedings .2 B. State Court Appellate Proceedings.2 REASONS TO GRANT CERTIORARI .3 I. The Trial Court Deprived Shumate of His Right to Counsel by Discharging a Defendant’s Hired Attorney of Choice Just Before Trial Was to Start ..3 A. Introduction . 0.00... eee B. The Chronology .0.04-8 1. Judge King ©... 1. ccc cette eee 2. Judge Jensen .. 1... ccc cece eee 6 C. Legal Principles .2..7 D. A Criminal Defendant Can Waive an AttorneyClient Conflict . 0.0.0... 8 E. The Trial Court Deprived Shumate of His Constitutional Right to Counsel of Choice .9 ii F. No Irreparable Conflict Existed Between Pilato and Shumate . 00.0 c eee eee eee LL G. No Unreasonable Delay Existed .13 H. Pilato Made an Untimely Request.13 I. Shumate’s Prior Marsden Motions Should Not Have Been a Factor .14 J. Prejudice Resulted From the Trial Court’s Erroneous Ruling .15 II. The Trial Court Deprived Shumate of His Right to Retained Counsel of Choice at His Motion for New Trial and/or Sentencing .17 A. Introduction . 00.0 e eee ee LT B. The Sixth Amendment Guarantees a Criminal Defendant the Right to Hire Counsel of His Choice . 0.0... eee eee ee 18 C. The Constitution Guarantees a Criminal Defendant the Sixth Amendment Right to Chosen Counsel at a Motion for New Trial ... 19 D. The January 11, 2018 Proceedings .20 E. The Trial Court Deprived Shumate of His Right to Counsel by Refusing to Allow Shumate to Substitute His Privately Hired Attorney for Post Conviction Proceedings .21 F. The CCA Relies on Inapposite Cases .27 G. The Substitution of Counsel Would Not Have Disrupted the Proceedings .30 iii