HabeasCorpus
Whether the Eleventh Circuit Court of Appeals erred in denying the petitioner's request for a writ of mandamus to compel the court to provide the petitioner with counsel during the direct appeal process, in violation of the Sixth Amendment right to counsel
QUESTION(S) PRESENTED _ LOR TT OF MANDAMUS Ts THE Only AppRopRtate Rem ERE RELOLY TRE ELEVENTH CrRcutT COURT OF APPEALS | u D ENT DEFLANCE oF Gtpennl v. WarntORIGHT, 378-.US3 5,83 S.ck 193963 ENDE E JIERECT _ARQEAL PROCESS GLAS v, NSON _ MOHTO, 4885.15 09 5.0434 AND AS A CONSEQUENCE, AS DELTBERATELY DENTED THE \ . Hy . ‘ 4 . ; {EQUAL PaoTeciron OF ONE A 3 E oF Counsel Duane ASCATTICAL STAGE OF THE PR ee UNETeD STATES v.CRONEC Hb |S. 48 \oHs.ct.2038 (ia84) NOTONCE, Bur Tarce, EN Drrecr AppeAL tes VH4707 AnD 0843711 (STE TITS A Lawful EXERCISE OF U.S. AgmrcLe TIT ARPELLATE Count | DuareprcTion To PRovrpe APPELLANTS On FERST TER DIRECT REVTEW LACT THEER LS AMEeNDMED AT Act NCE. L THE. : Stic: OF THE. PROCEEDINGS. TS TT Noy AN Exce cx TA eat TON OF POLweR' LE CRETION, LUHERE BeLou THe ELEVEN exec COACUTT CAN BE SEEN To WAVE CONSTSTENTLY AND EGREGTOUSLY REFUSED To AFFORD THE __ _PETETIONER A ConstxTuifconALy ADEQUATE PROCESS To ConTesT Ti Loss OF Hrs Lrgeaty Tn Two ouroF Teo D cal. {2.885 \HATOT AN) 08-3771, SUCH T _ by MANDAN Only AK EMEDY HE. Has LerT WHERE THE ELEVENTH Cracutts i . 4 _ THAR TING OF AY REGU AS cL cal. Sees UNITED STATES OF AMERICA, : an SR . Plaintiff-Appellee, ~~~ ~~ ANTONIOU. AKEL, : . : nee : | — ne Appeal from the United States District Court ee . : i . ; for the Northern District of Florida 7 . i i . Before: WILSON, EDMONDSON, and HULL, Circuit Judges. ee BY THE COURT: Vi Before the Court is Appellant’s “Motion to Recall the Mandate to Prevent Injustice, Lith” i Cir. R.41-1(b), and/or Motion Raising a Structural Error, Where the Complete Absence.of a oe ae ee . Counsel During the Briefing Stage of Dec 6, and July 30, 2018, as Well as this Courts Actual L . Decisional Process of Sept. 11, 2019 was a Viciation and Denial of the Appeilants Sixth. rs oo ee ae Asendment Right, CEUs Ci. R21" . _ : : , Appellant's motion is DENIED. a a assistance of counsel." Johnson v. Zerbst, 304 U.S. 458, 463, 58 S. Ct. 1019, 1022, 82 L. Ed. ae a 1461, 1466 (1937); Adams v. United States ex rel. McCann, 317 U.S. 269, 63 S. Ct. 236, 87 L. Ed. Te 268 (1942) —_— _. . The right to the assistance of counsel guaranteed by the Sixth and Fourteenth Amendments is ——— indispensable to the fair administration of our adversarial system of criminal justice.6 | [474 US 169] —_ Embodying "a realistic recognition of the obvious truth that the average defendant does not OO have the professional legal skill to protect himself," Johnson v Zerbst, 304 US 458, 462-463, 82 L i Ed 1461, 58 S Ct 1019, 146 ALR 357 (1938), the right to counsel safeguards the other rights — “| deemed essential for the fair prosecution of a criminal proceeding. Justice Sutherland's oft-quoted TS explanation in Powell v Alabama, 287 US 45, 77 L Ed 158, 53 S Ct 55, 84 ALR 527 (1932), : _ bears repetition here: ; . . a "The right to be heard would be, in many cases, of little avail if it did not comprehend the —— right to be heard by counsel. Even the intelligent and educated layman has small and sometimes —_ no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left §=-— without the aid of counsel he may be put on trial without a proper charge, and convicted upon —_—_ incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and <*pg. 492> knowledge adequately to prepare his defense, even though he have a _— “perfect one. He requires the guiding hand of counsel at every stage of the proceedings against | The right to counsel on appeal, recognized in Douglas v. California, 372 U.S. 353, 83 S. Ct. 814, 9 a ''L. Ed. 2d 811 (1963), has also been retroactively applied. See McConnell, 393 U.S. at 3, 89 S. Ct. at ; —~"_: Schaefer, Federalism and State Criminal Procedure, 70 Harv L Rev 1, 8 (1956) ("Of all the —_--Tights that an accused person has, the right to be represented by counsel is b