No. 21-6156

Vilasini Ganesh v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-03
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny substitution on the basis of calendar management alone?

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny substitution on the basis of calendar management alone? B. What criteria are circuit courts required to examine to determine the adequacy of conflict inquiries which serve to protect defendants? Cc. Does the “needs of fairness” factor permit trial courts to consider the lack of adverse effects upon the defendant, contrary to United States v. GonzalezLopez? D. Are trial court decisions “unreasonable and arbitrary” when they disregard the unequivocal and uncontradicted assurances of readiness by retained counsel in a criminal case? i

Docket Entries

2021-12-06
Petition DENIED.
2021-11-29
Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-09
Application (21A141) for a stay of self-surrender date, submitted to Justice Kagan.
2021-11-09
Application (21A141) denied by Justice Kagan.
2021-11-08
Waiver of right of respondent United States of America to respond filed.
2021-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 3, 2021)

Attorneys

Association of American Physicians and Surgeons
Andrew L. Schlafly — Amicus
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Vilasini Ganesh
Lisa A. RasmussenThe Law Offices of Kristina Wildeveld & Associates, Petitioner