No. 24-5319

Marlin Lee Gougher v. United States

Lower Court: Ninth Circuit
Docketed: 2024-08-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process faretta-colloquy self-representation sixth-amendment
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2025-05-15 (distributed 2 times)
Question Presented (AI Summary)

Whether a defendant's lucid Faretta colloquy response can preclude their right to self-representation and understanding of charges against them

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 1. Does a.defendant that gave a lucid, literate, articulate iB answer that the District Court Judge did not like during a Faretta Golloquy precludes Explain your answer. 2. Dose a defendant have a Sixth Amendment right to understand the Nature and Cause of the Accustations against him? Explain your answe 3. Is it the responsibility of an Article III U.S. District Court to provide the understanding of the Nature and Cause of the Accusations against a defendant, as according to the Sixth Amendment? Explain your answer. — : 4. Dose the panel majority's holding conflict with the Ninth Ciruit case law and the Eleventh Circuit and Sate court decisions which hold the defendants lack of cooperation in anwering questions during a Faretta Calloquy dose not preclude Explain your answer. 5. Dose the U.S. District Court have the responsibility to revisit the Bill of Particulars filed in the defendants case when requested by the defendant when the defendant claims that the Bill of Particulars was incorrectly and inaccurately answered by the prosecution? Explain your answer. 6. Could the U.S. District Court Judge have rephrased the question in the Faretta colloquy? 7. Dose the Sixth Amendment require an inquiry into a potential conflict of interest when the trial court is made aware the defendant has filed a BAR complaint against the forced attorney? Explain your answer. 8. Dose the subtle effects of a BAR complaint sacrafice Sixth Amendment interests for court efficiency? Explain your answer. 9. Dose Congress have the authority to change the Sixth Amendment by Statute? to define or expand the scope of Constitutional rights? Explain youn answer. 10. Have the courts overstepped their Constitutional authority by violating the separation of powers? Explain your answer. 11. Did the Founding Fathers mean that the People were only entitled to an effective assistance of counsel for all crimes including State for which the punisment was death (capital offence) which they brought traditionally from England? #&xplain your answer. 12. Dose-Mr. Gougher have a right to a speedy trial when he : reserved all of his rights on the record after he waived that right and continuously requested a speedy trial that : was denied? Explain your answer. ; | 13. If child pornography or sexual child pornography is criminalized to punish the citizens for seeing, receiving, passing, through from the media, internet, and newspapers, where they originated from, then it should be an equality, and non-discrimination within the law to receive and passit but not the "source" that exposed it to the citizens private lives? Explain your answer. 14. Because I reserved all my rights. on the record, shouldn't I have been indicted by a grand jury "presentment", which is a grand jury investigation, even before the fact and after the fact based upon the grand jury's own fact finding without input of the prosecution and the government? 15. Is it true that Mr. Gougher's Sixth Amendment right to : an impartial jury has been violated as jurors cannot deal ae : with an equity of judgement due to complicated multi-count prosecution. and do not understand the legalities of the law in certain criminal cases such as this one, therefore, can only form an opinion to satisfy the prosecutor and the judge(whom was a former prosecutor) according to their instructions to stay within the boundry of the law which they already do not know? Explain your answer. 16. Is it mm a denial of my First Amendment right to Free Speech and/or denial of my access to the court when a judge will not allow you to speak openly in the court by cutting me off/interupting me when I was speaking in an intelligent and calm demeanor about a specific right of an Consitutional and then locking me up in a cage (additional punishment) without allowing me to speak? Is it also not an Eighth Amendment violation of Cruel and Unusual punishment for exercising a Constitutional right? Explain your answer. 17.

Docket Entries

2025-05-19
Rehearing DENIED.
2025-04-29
DISTRIBUTED for Conference of 5/15/2025.
2024-11-01
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-16
Waiver of United States of right to respond submitted.
2024-08-16
Waiver of right of respondent United States to respond filed.
2024-05-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2024)

Attorneys

Marlin Lee Gougher
Marlin Lee Gougher — Petitioner
Marlin Lee Gougher — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent