No. 20-929

Neil J. Gillespie v. Florida

Lower Court: Florida
Docketed: 2021-01-11
Status: Denied
Type: Paid
Response Waived
Tags: 6th-amendment constitutional-right criminal-defendant criminal-procedure due-process faretta-v-california forced-counsel habeas-corpus right-to-self-representation self-representation state-proceedings
Key Terms:
Securities Privacy
Latest Conference: 2021-03-05
Question Presented (AI Summary)

Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by forced appointment of counsel prohibited by Faretta v. California?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by forced appointment of counsel prohibited by Faretta v. California, 422 U.S. 806 (1975), where the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings? 2. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained under threat of incarceration or submission to a competency evaluation? 3. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by a judge who failed to recuse on a meritorious motion to disqualify? 4. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by excessive bail? ;

Docket Entries

2021-03-08
Petition DENIED.
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-10
Waiver of right of respondent State of Florida to respond filed.
2020-11-23
Petition for a writ of certiorari filed. (Response due February 10, 2021)

Attorneys

Neil J. Gillespie
Neil Joseph Gillespie — Petitioner
Neil Joseph Gillespie — Petitioner
State of Florida
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent