No. 21-6126

Jason A. Tobey v. United States

Lower Court: Ninth Circuit
Docketed: 2021-10-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-procedure ineffective-assistance judicial-discretion pretrial-hearing right-to-counsel sixth-amendment trial-continuance
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2021-12-03
Question Presented (AI Summary)

When a federal criminal defendant's retained counsel has abandoned him, does a court abuse its discretion by prohibiting the defendant from discharging retained counsel to avoid a trial continuance?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. When indisputable evidence shows a federal criminal defendant’s retained counsel has abandoned him at a key pretrial hearing and is not prepared for trial, does a court abuse its discretion and deprive the defendant of his Sixth Amendment rights when, for the sole purpose of avoiding continuance of a trial, it prohibits him from discharging retained counsel? i

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent United States to respond filed.
2021-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2021)

Attorneys

Jason Tobey
Carolyn Mary WigginOffice of the Federal Defender for the Eastern District of California, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent