No. 22-6990

Scott Ray Bishop v. United States

Lower Court: Tenth Circuit
Docketed: 2023-03-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split constitutional-rights criminal-procedure due-process presumption-against-waiver right-to-counsel sixth-amendment waiver
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-04-14
Question Presented (AI Summary)

Whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues to require courts to apply 'every reasonable presumption' against such a waiver

Question Presented (OCR Extract)

QUESTION PRESENTED In Von Moltke v. Gillies, this Court laid out a series of advisements that a defendant must understand before a waiver of the Sixth Amendment right to counsel can be deemed knowing and intelligent. 332 U.S. 708, 724 (1948). Additionally, in Johnson v. Zerbst, this Court held that all courts must “indulge every reasonable presumption against waiver” of Sixth Amendment rights. 304 U.S. 458, 464 (1938). The questions presented in this case are whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues to require courts to apply “every reasonable presumption” against such a waiver. il

Docket Entries

2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-20
Waiver of right of respondent United States to respond filed.
2023-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2023)

Attorneys

Scott Bishop
Grant Russell SmithOffice of the Federal Public Defender, Petitioner
Grant Russell SmithOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent