No. 21-5682

Sheila Davalloo v. Amy Lamanna, Superintendent, Bedford Hills Correctional Facility, et al.

Lower Court: Second Circuit
Docketed: 2021-09-15
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process faretta-hearing mckaskle-v-wiggins right-to-counsel self-representation sixth-amendment standby-counsel
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Did the Faretta hearing in this case result in a decision that was contrary to, or an unreasonable application of, clearly established federal law, as determined by this honorable court?

Question Presented (OCR Extract)

QUESTION PRESENTED | | Most federal courts of appeal require that defendants are aware of the “dangers and : disadvantages” of self-representation prior to waiver of their Sixth Amendment right to counsel; : this includes a knowledge of the range of punishment and procedural and evidentiary rules. i In contrast, this Petitioner’s Faretta hearing amounted to hollow formalities, whereby she ; was erroneously told that the maximum punishment was twenty years and that the trial court would provide some leeway. In addition, contrary to this court’s holding in McKaskle v. | Wiggins, 465 U.S. 168, emphasizing that “no absolute bar on standby counsel’s participation is appropriate,” the trial court in this case, restricted standby counsel’s solicited participation. a ‘ ' Did the Faretta hearing in this case result in a decision that was contrary to, ot an unreasonable application of, clearly established federal law, as determined by this honorable , court? j | |

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2021)

Attorneys

Sheila Davalloo
Sheila Davalloo — Petitioner
Sheila Davalloo — Petitioner