No. 24-5349

Ryan Monroe Allen v. Tennessee

Lower Court: Tennessee
Docketed: 2024-08-20
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure faretta-hearing ineffective-assistance-of-counsel pro-se-representation sixth-amendment-rights trial-court-discretion
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2024-10-18
Question Presented (AI Summary)

Whether the Tennessee Criminal Court of Appeals violated federal law by denying a criminal defendant's right to proceed pro se and failing to promptly address his request for self-representation before trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. HAVE THE TENNESSEE CRIMINAL COURT OF APPEALS DECIDED AN IMPORTANT FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH RELEVANT DECISIONS OF THE UNITED STATES SUPREME COURT BY DECIDING THAT A FARETTA COMPLIANT COLLOQUY DOES NOT HAVE TO BE GIVEN AND CAN BE HELD IN ABEYANCE FOR SEVERAL MONTHS AND THEN THIS FARETTA COMPLIANT COLLOQUY CAN BE : DENIED WITHOUT ANY DIALOGUE WITH THE PETITIONER WHEN THE PETITIONER RE-IMPLEMENTS THE MOTION TO PROCEED PRO SE THE DAY BEFORE TRIAL? ARE THE TENNESSEE CRIMINAL APPEALS COURT IN VIOLATION OF FEDERAL LAW BY DENYING THE PETITIONER THE OPPORTUNITY TO RENEW HIS REQUEST TO PROCEED PRO SE THE DAY BEFORE TRIAL? DOES PETIONER CASE CALL FOR A REVERSAL IF THE TRIAL COURT FAILED TO : PROMPTLY ADDRESS THE PETITIONER'S REQUEST TO PROCEED PRO SE AND DURING THIS PERIOD OF DELAY THE PETITIONER AND HIS COUNSEL CONFLICTS ON QUESTIONS OF STRATEGY WERE NOT RESOLVED? HAVE 1" ,6",14",AMENDMENT RIGHTS OF THE PETITIONER BEEN VIOLATED WHEN THE TRIAL JUDGE REFUSED THE PETITIONER TO ADDRESS PROCEEDING PRO SE OR EXPLAIN WHAT THE : CONFLICT WAS BETWEEN THE PETITIONER AND APPOINTED COUNSEL BEFORE MAKING A RULING? : I. HAVE THE CRIMINAL APPEALS COURT OF TENNESSEE APPLIED A PROCEDURAL BAR THAT IS NON-EXISTENT IN TENNESSEE RULES OR CODES BY STATING A PETITIONER IS NOT ALLOWED TO PROCEED PRO SE THE DAY BEFORE TRIAL EVEN IF THEY INVOKE THIS RIGHT PRIOR TO TRIAL AND VOIRE DIRE WHEN NO STATE LAW OR PROCEDURAL RULE EXISTS THAT DEFINES WHEN YOU MUST MOTION TO PROCEED PRO SE? HAS PETIONER SATISFIED ANY TIMING ELEMENT OF : PROCEEDING PRO SE BY HAVING A WRITTEN WAIVER OF COUNSEL ON RECORD SEVERAL MONTHS BEFORE TRIAL? Ill. JALEN WALKERS RECANTING STATEMENT AND VIDEO WAS CORRECT FOR THE MOTION FOR NEW TRIAL HEARING AND THAT THE TRIAL COURTS RULING THAT IT ; WAS A WRIT OF ERROR CORAM NOBIS PETITION WAS INCORRECT AS A MATTER OF LAW ( Appeals Judgment,

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 19, 2024)

Attorneys

Ryan M. Allen
Ryan M. Allen — Petitioner
Ryan M. Allen — Petitioner