No. 21-6607

In Re Andrew Thomas Burns, Sr.

Lower Court: N/A
Docketed: 2021-12-14
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process ineffective-assistance pro-se pro-se-representation right-to-counsel sixth-amendment structural-error trial-court-error waiver-inquiry
Key Terms:
AdministrativeLaw ERISA DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Did the trial court's failure to conduct an affirmative waiver inquiry prior to ordering petitioner to proceed pro se at trial, deny petitioner of his Sixth Amendment entitlement to be represented by counsel?

Question Presented (OCR Extract)

No question identified. : : ISSUES FOR REVIEW . : 1. DID THE TRIAL COURT’S FAILURE TO CONDUCT AN AFFIRMATIVE WAIVER INQUIRY PRIOR TO ORDERING PETITIONER TO PROCEED PRO SE AT TRIAL, DENY PETITIONER OF HIS SIXTH AMENDMENT ENTITLEMENT TO BE REPRESENTED BY COUNSEL? 2. DID THE LOWER STATE AND FEDERAL COURT’S REPEATED DENIAL OF PETITIONER’S REQUEST TO BE PROVIDED WITH A COPY OF THE TRIAL RECORD VIOLATE EQUAL PROTECTION AND DUE PROCESS OF THE LAWS, AND DEPRIVE PETITIONER THERE OF? 3. DID THE TRIAL COURT COMMIT STRUCTURAL ERROR BY PERMITTING TRIAL COUNSEL TO WITHDRAW AS COUNSEL, PRIOR TO TRIAL, WITHOUT CONDUCTING AN INQUIRY OF PETITIONER REGARDING THE MATTER, ESSENTIALLY LEAVING PETITIONER WITHOUT THE ASSISTANCE OF COUNSEL DURING THE COURSE OF HIS TRIAL, CONSTITUTE FATAL ERROR TO THE TRIAL COURT’S JURISDICTION? ; 4, DID THE LOWER COURT’S DENIAL OF PETITIONER’S RIGHT TO HAVE A COMPLETE COPY OF THE TRIAL RECORD, WHICH PREVENTED HIM FROM HAVING THE ABILITY TO FILE A MEANINGFUL APPEAL, DENY HIM OF HIS RIGHT TO APPEAL AND HIS RIGHT TO PETITION THE GOVERNMENT? 5. DOES THE LOWER COURT’S HAVE A DUTY TO PROVIDE NOTICE OF ITS INTENT TO INCORPORATE THE USE OF INTERSTATUTORY PROVISIONS (OF WHICH FALLS OUTSIDE OF THE ORIGINAL AND PERMIT THE PETITIONER AN OPPORTUNITY TO BE HEARD, PRIOR TO RENDERING ADECISION. — I. : LIST OF ALL

Docket Entries

2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2021-12-08
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)

Attorneys

In Re Andrew Thomas Burns, Sr.
Andrew Thomas Burns Sr. — Petitioner