No. 25A213

In Re Gavin B. Davis

Lower Court: Fifth Circuit
Docketed: 2025-08-22
Status: Presumed Complete
Type: A
Tags: constitutional-rights criminal-procedure faretta-waiver pro-se-representation right-to-counsel sixth-amendment
Key Terms:
Punishment Patent Privacy ClassAction
Latest Conference: N/A
Question Presented (AI Summary)

Whether a criminal defendant's Sixth Amendment right to counsel is violated when a court forces them to proceed pro se without a valid Faretta waiver and while timely requesting appointed counsel

Question Presented (OCR Extract)

If a criminal defendant is forced against their will to proceed in propia persona absent a bona fide unequivocal Faretta waiver, while timely and diligently requesting counsel as to that which is guaranteed under the Sixth Amendment, does such survive the Cohen test and allow for timely appellate review prior to a full adjudication of the trial proceeding? When do the rights to the assistance of counsel under the Sixth Amendment attach in a criminal proceeding? and under what circumstances can they be entirely disgorged, presumptively, in all cases, causing prejudice, harm and injury while transforming a tribunal into mere pageantry? If the complete denial of counsel is always unjust and grounds for reversal, when is the appropriate time to seek appellate review and how? Can a trial court force a defendant to choose between two alternate scenarios: A, moving in propia persona with high conflict standby counsel who refuses (and/or is entirely prohibited by the court, itself) to assist the defendant in any capacity, but for their own choosing, or B, relinquishing total and absolute control of their defense, including the defense presented to the jury?

Docket Entries

2025-08-28
Application (25A213) denied by Justice Alito.
2025-08-15
Application (25A213) for a stay, submitted to Justice Alito.

Attorneys

Gavin Davis
Gavin Blake Davis — Petitioner
Gavin Blake Davis — Petitioner