No. 20-5676

Leon Venegas, Jr. v. Randee Rewerts, Warden

Lower Court: Sixth Circuit
Docketed: 2020-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right criminal-procedure due-process effective-assistance-of-counsel exculpatory-evidence faretta-inquiry ineffective-assistance jury-selection self-representation timely-request
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Does a state trial court deprive a criminal defendant of their constitutional right to self-representation?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. DOES A STATE TRIAL COURT DEPRIVE A CRIMINAL DEFENDANT OF HIS/HER CONSTITUTIONAL RIGHT TO SELF REPRESENTION WHEN THEY DENY THE DEFENDANTS UNEQUIVOCAL REQUEST TO REPRESENT THEMSELVES WITHOUT FIRST CONDUCTING THE REQUIRED FARETTA INQUIRY TO DETERMINE THE FACTS OF THE DEFENDANTS REQUEST ON THE RECORD? PETITIONER answers, "Yas", RESPONDENT has not answered. (a) IS A REQUEST FOR SELF-REPRESENTATION CONSIDERED TIMELY WHEN THAT REQUEST IS MADE DURING THE FINAL PRETRIAL PROCEEDING, PRIGR TO THE JURY BEING CALLED IN FOR JURY SELECTION? PETITIONER answeres, "Yes", RESPONDENT has not answered. Il. DOES A CRIMINAL DEFENDANTS TRIAL COUNSEL DEPRIVE THE DEFENDANT OF THEIR CONSTITUTIONAL ; RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL BY DELIBERATELY FAILING TO INVESTIGATE (OBTAIN) EXCULPATORY EVIDENCE? PETITIONER answers, "VES" RESPONDENT has not answered. : .

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-30
Waiver of right of respondent Randee Rewerts, Warden to respond filed.
2019-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Leon Venegas, Jr.
Leon Venegas Jr. — Petitioner
Leon Venegas Jr. — Petitioner
Randee Rewerts, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent