No. 21-5133

Michael Skillern v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-07-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certiorari coa criminal-defendant criminal-procedure due-process eleventh-circuit geders-rule geders-v-united-states habeas-corpus right-to-counsel supreme-court trial-recess
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Does the Eleventh Circuit's rule in Crutchfield v. Wainwright abrogate or modify the Supreme Court decision in Geders v. United States, and if not, is the petitioner entitled to have the Court grant certiorari, vacate the judgment, and remand to the Eleventh Circuit to reverse the denial of a COA on the issue of whether Crutchfield violated Geders by requiring a testifying criminal defendant to demonstrate need or cause to speak to counsel over a long overnight trial recess?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW QUESTION I , DOES THE ELEVENTH CIRCUIT’S RULE ENUNCIATED IN CRUTCHFIELD v WAINWRIGHT, 803 F3d1103 (11th Cir. 1986) ABROGATE OR MODIFY THE SUPREME COURT DECISION AS STATED IN GEDERS v UNITED STATES, 425 U.S. 80 (1976), AND IF NOT IS PETITIONER ENTITLED TO HAVE THIS COURT ISSUE AN ORDER FROM THIS COURT GRANTING CERTIORARI, VACATING JUDGMENT AND REMANDING TO THE ELEVENTH CIRCUIT’S UNITED STATES CIRCUIT JUDGE BARBARA LAGOA, TO REVERSE HER DECISION DENYING PETITIONER’S APPLICATION FOR COA, AND GRANT THE COA FOR THE QUESTION OF WHETHER ON NOT DID CRUTCHFIELD HOLDING VIOLATE THE RULE IN GEDERS BY IMPERMISSIBLY REQUIRING A_ TESTIFYING CRIMINAL DEFENDANT DEMONSTRATE NEED OR CAUSE TO SPEAK TO COUNSEL OVER A LONG OVERNIGHT TRIAL RECESS. iii

Docket Entries

2021-10-04
Petition DENIED.
2021-07-29
DISTRIBUTED for Conference of 9/27/2021.
2021-07-26
Waiver of right of respondent United States to respond filed.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 18, 2021)

Attorneys

Michael Skillern
Michael Skillern — Petitioner
Michael Skillern — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent