No. 22-496

Jheshua Daniel Jackson v. Colorado

Lower Court: Colorado
Docketed: 2022-11-28
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: criminal-procedure due-process fourteenth-amendment in-absentia-trial right-to-counsel sixth-amendment trial-in-absentia
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Do the Sixth and Fourteenth Amendments to the United States Constitution permit a court to deny a criminal defendant his request for appointment of counsel while removing him from court, thereby trying him in absentia?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Long before Justice Hugo Black emphasized that a “person’s...right to his day in court” is “basic in our system of jurisprudence,” Jn re Oliver, 333 U.S. 257, 273 (1948), the First Congress convened under our Constitution added the Sixth Amendment to our National Charter, which “stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not ‘still be done.” Johnson v. Zerbst, 304 U.S. 458, 462 (1938) (quoting Palko v. Connecticut, 302 U.S. 319, 325 (1937)). Indeed, [f]rom the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law]. Gideon v. Wainwright, 372 U.S. 335, 344 (1963). At a minimum, the Constitution guarantees that a “defendant in a criminal case” has the constitutional right to, among other things, “notice and opportunity to answer the charge” and a “trial according to the established course of judicial proceedings.” Powell v. Alabama, 287 U.S. 45, 49 (1932). The Petitioner, Mr. Jneshua Daniel Jackson, confronted criminal allegations related to his alleged use of another person’s credit card. During his trial, a Colorado judge refused his request to revoke his decision to represent himself while simultaneously holding him in criminal contempt and banishing him from his own criminal trial. Consequently, Mr. Jackson was tried in absentia and convicted of one felony and three misdemeanor charges. il THE QUESTIONS PRESENTED ARE: 1. Do the Sixth and Fourteenth Amendments to the United States Constitution permit a court to deny a criminal defendant his request for appointment of counsel while removing him from court, thereby trying him in absentia? 2. Do the Sixth and Fourteenth Amendments allow a court unfettered discretion to deny a criminal defendant’s in-trial assertion of his right to counsel?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-21
DISTRIBUTED for Conference of 1/6/2023.
2022-12-14
Waiver of right of respondent State of Colorado to respond filed.
2022-11-22
Petition for a writ of certiorari filed. (Response due December 28, 2022)
2022-10-14
Application (22A310) granted by Justice Gorsuch extending the time to file until November 22, 2022.
2022-10-11
Application (22A310) to extend the time to file a petition for a writ of certiorari from October 23, 2022 to December 22, 2022, submitted to Justice Gorsuch.

Attorneys

Jheshua Jackson
Edward Mark WengerHoltzman Vogel Baran Torchinsky & Josefiak PLLC, Petitioner
State of Colorado
Jillian Joy PriceColorado Attorney General's Office, Respondent