No. 22-5926

Charles Chitat Ng v. California

Lower Court: California
Docketed: 2022-10-27
Status: Denied
Type: IFP
IFP
Tags: confrontation-clause due-process extradition-hearing fifth-amendment fourteenth-amendment self-representation sixth-amendment stun-belt
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2023-01-20
Question Presented (AI Summary)

Was petitioner deprived of due-process, self-representation, fair-trial, confrontation

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. WAS PETITIONER DEPRIVED OF DUE PROCESS AND HIS RIGHT OF SELF REPRESENTATION UNDER THE FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS BY THE TRIAL COURT’S ERRONEOUS REVOCATION OF HIS SELF REPRESENTATION WITHOUT JUSTIFICATION WHERE THE RECORD SHOWED PETITIONER’S DILIGENT PREPARATION FOR TRIAL AS WELL AS HIS ASSURANCE TO THE COURT THAT IF HE WAS NOT READY FOR TRIAL IN SIX MONTHS, HE WOULD VOLUNTARILY ALLOW HIS ADVISORY COUNSEL TO TAKE OVER. I. WAS PETITIONER DEPRIVED OF DUE PROCESS BY THE TRIAL COURT’S INSISTENCE THAT HE WEAR A STUN BELT THAT IMPAIRED HIS COGNITIVE ABILITY TO PARTICIPATE IN THE TRIAL, NOTWITHSTANDING THE LACK OF ANY RECORD OF COURTROOM DISTURBANCE OR MISBEHAVIOR, DEPRIVED HIM OF DUE PROCESS AND A FAIR TRIAL. I. WAS PETITIONER DEPRIVED OF DUE PROCESS, A FAIR TRIAL, AND HIS RIGHT OF CONFRONTATION BY THE ERRONEOUS ADMISSION OF THE TESTIMONY OF DECEASED PROSECUTION WITNESS MAURICE LABERGE GIVEN AT A CANADIAN EXTRADITION HEARING AT WHICH THERE WAS NO INCENTIVE TO CONDUCT CROSS-EXAMINATION IN A MANNER COMPARABLE TO THE SIXTH AMENDMENT RIGHT OF CONFRONTATION AT A CALIFORNIA TRIAL.

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-22
2022-11-22
Motion to extend the time to file a response is granted and the time is extended to and including December 28, 2022.
2022-11-18
Motion to extend the time to file a response from November 28, 2022 to December 28, 2022, submitted to The Clerk.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2022)

Attorneys

California
Ryan Blake McCarrollCA Department of Justice, Respondent
Ryan Blake McCarrollCA Department of Justice, Respondent
Charles Chitat Ng
Eric Stephen MulthaupLaw Office of Eric Multhaup, Petitioner
Eric Stephen MulthaupLaw Office of Eric Multhaup, Petitioner