counsel-of-choice

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A440 Meelad Dezfooli v. United States Ninth Circuit 2025-10-17 Application counsel-of-choice criminal-procedure due-process ineffective-assistance right-to-counsel sixth-amendment Whether the Sixth Amendment permits the denial of counsel of choice and the complete abandonment by appointed counsel constituting a violation of a cr…
25-281 Patrick Byrne v. US Dominion, Inc., et al. District of Columbia 2025-09-10 Denied Response Waived constitutional-rights counsel-of-choice defamation due-process fifth-amendment protective-order 1. In a civil defamation case where a discovery protective order is filed to shelter evidence of crimes, does a District Court err in affirming the di…
24-6774 Alberto Rivera v. Tim Thomas, Warden Seventh Circuit 2025-03-14 Denied Response WaivedIFP counsel-of-choice critical-stage law-enforcement right-to-counsel sixth-amendment substitute-counsel Can law enforcement officials refuse to honor a defendant's request for the presence of their retained counsel at a 'critical stage' without a counter…
24-6495 Billy Joe Taylor v. United States Eighth Circuit 2025-02-06 Denied Response WaivedIFP circuit-split constitutional-rights counsel-of-choice guilty-plea sixth-amendment structural-error Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right t…
24-213 Willis Franklin v. California California 2024-08-27 Denied Response Waived client-autonomy counsel-of-choice fourteenth-amendment mccoy-v-louisiana sixth-amendment trial-continuance Was petitioner denied his Sixth and Fourteenth Amendment rights to retained counsel of choice and client autonomy when the trial court failed to conti…
23-7603 Anthony Tyrone Brown v. James Corrigan, Warden Sixth Circuit 2024-05-30 Denied IFP administrative-law agency-determination civil-rights constitutional-interpretation counsel-of-choice due-process fraud fraud-statute judicial-review misconduct transcript Whether the court committed fraud on the court when it changed the trial transcripts of the petitioner's case without notice to counsel and the petiti…
23-1241 Jeffrey Fay Pike v. United States Fifth Circuit 2024-05-24 Denied Response Waived conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration…
23-7464 Michael Grady v. United States Eighth Circuit 2024-05-13 Denied Response WaivedIFP abuse-of-discretion circuit-split conflict-of-interest constitutional-right constitutional-rights counsel-of-choice disqualification-of-counsel eighth-circuit Whether the Eighth Circuit's decision to uphold the disqualification of Petitioner's counsel of choice deprived him of his constitutional right to rep…
23-7185 Lawrence Northern v. Lizzie Tegels, Warden Wisconsin 2024-04-10 Denied Response WaivedIFP appellate-procedure counsel-of-choice direct-appeal due-process ineffective-assistance ineffective-assistance-of-counsel right-to-counsel sixth-amendment state-v-machner strickland-standard strickland-v-washington Question not identified.
23-5702 Ian A. Milaski v. Florida Florida 2023-10-03 Denied Relisted (2)IFP arbitrary-and-unreasonable continuance counsel-of-choice criminal-procedure due-process right-to-counsel sixth-amendment trial-court Whether the trial court's arbitrary and unreasonable denial of a continuance violated the Petitioner's Sixth Amendment rights
23-5686 David Calhoun v. United States Third Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP 5th-amendment civil-rights counsel-of-choice due-process fifth-amendment government-misconduct harmless-error kotteakos-v-united-states procedural-default sixth-amendment Whether the district court's resolution of the petitioner's Fifth Amendment due process claim was correct, given the government's multiple breaches of…
23A288 DeAndre Gordon v. Harold May, Warden Sixth Circuit 2023-10-02 Presumed Complete certificate-of-appealability counsel-of-choice habeas-corpus ineffective-assistance-of-counsel joinder-of-cases sixth-amendment-right-to-counsel Whether a certificate of appealability must issue under 28 U.S.C. § 2253 when a state prisoner demonstrates that reasonable jurists could debate wheth…
23-5115 Lonnie Eugene Lillard v. United States Ninth Circuit 2023-07-17 Denied IFP counsel-of-choice criminal-procedure due-process fund-seizure hearing-requirement luis-v-united-states right-to-counsel seizure-of-funds self-representation Whether a court may rule on a request for self-representation based solely on the existing record or whether it must hold a hearing and question the d…
22-1065 John Paul Gosney, Jr. v. United States Eleventh Circuit 2023-05-02 Denied Response Waived asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process ex-parte-order forfeiture-statute grand-jury right-to-counsel traceability Whether United States v. Monsanto, 491 U.S. 600 (1989), and/or Kaley v. United States, 571 U.S. 320 (2014), should be overruled or at least modified
22-749 Andre Dow v. Nevada Nevada 2023-02-09 Denied 6th-amendment attorney-client-privilege counsel-of-choice due-process fair-trial first-amendment prejudice sixth-amendment us-v-gonzalez-lopez Whether Mr. Dow's Sixth Amendment right to counsel of choice was violated
22-5240 Robert C. Del Cid v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-08-01 Denied IFP civil-procedure constitutional-taint counsel-of-choice due-process equitable-tolling habeas-corpus ineffective-assistance mailbox-rule standing voir-dire Whether the mailbox rule entitles petitioner for equitable tolling
22-5172 Glen Torres v. Illinois Illinois 2022-07-25 Denied Response WaivedIFP co-counsel constitutional-right counsel-of-choice disqualification indigent-defendant right-to-counsel sixth-amendment trial-representation Does the Sixth Amendment right to choose one's attorney apply to private and pro bono co-counsel?
21-7536 Ramonta Forte v. Joe A. Lizarraga, Warden Ninth Circuit 2022-04-05 Denied Response WaivedIFP 6th-amendment counsel-of-choice discretion due-process federal-law habeas-corpus right-to-counsel sentencing Whether the right to counsel at sentencing is clearly established federal law
21-7492 In Re Jonathan Manwell 2022-03-29 Denied IFP appellate-review confrontation constitutional-rights counsel-of-choice criminal-procedure discovery due-process effective-assistance-of-counsel forensic-evidence impartial-tribunal Does petitioner have a constitutional right to located and confirmed exculpatory forensic evidence, transcripts, and documents necessary for a meaning…
21-949 George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. v. Samuel Randolph Third Circuit 2021-12-29 Denied continuance continuances counsel-of-choice criminal-defendant criminal-procedure forfeiture right-to-counsel sixth-amendment trial-court waiver Whether a criminal defendant can forfeit or waive his or her Sixth Amendment right to counsel of choice
21-6537 Stephen Condon Peters v. United States Fourth Circuit 2021-12-07 Denied Response WaivedIFP asset-forfeiture asset-restraint counsel-of-choice criminal-procedure due-process financial-conflict luis-v-united-states right-to-counsel sixth-amendment Does it violate the Sixth Amendment where the trial court deprives a defendant of the use of untainted assets without following proper procedure, and …
21-5686 Tobias Soto-Melchor v. United States Ninth Circuit 2021-09-16 Denied Response WaivedIFP controlling-precedent counsel-of-choice ineffective-assistance ninth-circuit ninth-circuit-rule right-to-counsel right-to-counsel-of-choice right-to-effective-assistance-of-counsel sixth-amendment trial-delay Proper-standard-for-substituting-retained-counsel
21-355 In Re Larry Klayman 2021-09-07 Denied bar-admission bar-discipline client-interests constitutional-rights counsel-of-choice disciplinary-proceeding due-process legal-ethics presumption-of-innocence right-to-counsel Did the Eleventh Circuit err in denying admission pending a disciplinary proceeding, presuming guilt and harming client interests?
20-8223 Weldon Boyce Bridges v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-06-04 Denied IFP constitutional-rights constitutional-violations counsel-of-choice due-process effective-counsel ineffective-assistance plea-bargaining plea-coercion right-to-counsel sixth-amendment state-criminal-procedure Whether the State District Court can convict the petitioner without 'paid' counsel of choice at pre-trial, plea, arraignment, and evidentiary hearings…
20-1071 West Virginia, ex rel. June Yurish, et al. v. Laura V. Faircloth, Judge, Circuit Court of West Virginia, 23rd Judicial Circuit, et al. West Virginia 2021-02-05 Denied 6th-amendment conflict-of-interest counsel-of-choice criminal-procedure due-process joint-representation sixth-amendment standing supremacy-clause Whether a state precedent violates the Supremacy Clause and the 6th Amendment
20-6912 Roy L. Rambo, Jr. v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2021-01-25 Denied Response WaivedIFP asset-forfeiture civil-rights constitutional-rights counsel-of-choice due-process pretrial-restraint retroactivity right-to-counsel sixth-amendment Did this Court's holding in Luis v. United States simply clarify a Federal civil asset forfeiture statute
20-6906 Charles Hamilton v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2021-01-15 Denied Response WaivedIFP aedpa aedpa-restrictions counsel-of-choice criminal-defendant criminal-defendant-rights federal-law sixth-amendment state-court state-court-review Whether a State Court's erroneous denial of a criminal defendant's Sixth Amendment Right to be represented by counsel of choice resulted in a decision…
20-5475 Archie Cabello, aka Archibaldo Cabello, aka Archie Cabello, Jr., aka Archie P. Cabello, aka Arquimedes Cabello, aka Archie Palumbo v. United States Ninth Circuit 2020-08-24 Dismissed Response WaivedRelisted (2)IFP 60(b)(4) 60(b)(6) constitutional-rights counsel-of-choice due-process extraordinary-circumstances federal-law plea-petition right-to-counsel sixth-amendment When the government moves to strip a defendant of his counsel of choice, does the court have any obligation to hold a hearing to inquire and determine…
19-1071 Gerald Claude Carlson v. United States Ninth Circuit 2020-02-28 Denied Response Waived circuit-split counsel-of-choice criminal-procedure delay due-process inconvenience judicial-discretion motion-to-terminate right-to-counsel sixth-amendment standard-of-review supervisory-powers Whether the Carlson Court's Memorandum Opinion conflicts with other Ninth Circuit opinions
19-877 Asmerom Gebreselassie v. Scott Frauenheim, Warden Ninth Circuit 2020-01-15 Denied Response Waived 5th-amendment 6th-amendment certificate-of-appealability counsel-of-choice due-process fifth-amendment right-to-counsel right-to-present-evidence self-representation sixth-amendment Did the Ninth Circuit Court of Appeals err in failing to grant a certificate of appealability on fundamental Fifth and Sixth Amendment violations?
19-6735 Kwok Cheung Chow, aka Raymond Chow, aka Ha Jai v. United States Ninth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-principles counsel-of-choice courtroom-closure government-interest governmental-interest harmless-error overriding-interest public-trial right-to-counsel sixth-amendment Whether federal courts have undermined the constitutional principles of the right to a public trial by adopting a test that requires a lesser governme…
19-556 Lucas Allen Newnam v. Pennsylvania Pennsylvania 2019-10-29 Denied bad-faith-inquiry bright-line-test continuance continuance-request counsel-of-choice criminal-defendant criminal-procedure due-process right-to-counsel sixth-amendment trial-delay Should this Court establish a bright-line test for determining whether a criminal defendant's right to retained counsel of his choice is violated, whe…
19-6406 Clifford L. Rush v. Nebraska Nebraska 2019-10-28 Denied IFP conflicts-of-interest constitutional-rights counsel-of-choice criminal-procedure due-process judicial-discretion nebraska-supreme-court pro-se pro-se-representation right-to-counsel self-representation sixth-amendment withdrawal-of-counsel Whether the Nebraska Supreme Court's denial of the petitioner's right to proceed pro se violated the Sixth Amendment
19-6335 James Morris Balagia v. United States Fifth Circuit 2019-10-22 Denied Response WaivedIFP appellate-jurisdiction collateral-order-doctrine counsel-of-choice disability-accommodation interlocutory-appeal legal-review reasonable-accommodation rehabilitation-act rehabilitation-act-of-1978 right-to-counsel sixth-amendment Does United States v. Gonzalez-Lopez abrogate Flanagan v. United States and permit interlocutory appellate review of the denial of counsel of a defend…
19-392 Martin A. Armstrong v. Securities and Exchange Commission, et al. Second Circuit 2019-09-24 Denied Response RequestedResponse WaivedRelisted (3) asset-forfeiture asset-freezing civil-enforcement constitutional-right-to-counsel counsel-of-choice criminal-defendant criminal-procedure due-process parallel-civil-enforcement parallel-proceedings personal-property property-rights right-to-counsel Whether the constitutional right to counsel of choice extends to cases where a criminal defendant's assets are frozen as part of a parallel civil enfo…
19-256 Yuzef Abramov v. United States Ninth Circuit 2019-08-28 Denied Response Waived constitutional-powers counsel-of-choice due-process extraterritorial-jurisdiction foreign-commerce-clause necessary-and-proper necessary-and-proper-clause sixth-amendment standing statutory-interpretation treaty-power Whether it is constitutional to extend 18 U.S.C. § 2423(c) to noncommercial conduct allegedly committed by a foreign citizen and resident against othe…
18A1350 Yuzef Abramov v. United States Ninth Circuit 2019-06-21 Presumed Complete counsel-of-choice fair-trial gonzalez-lopez retained-counsel sixth-amendment structural-error Whether a defendant's Sixth Amendment right to counsel of choice is violated when a district court denies a timely request to substitute retained coun…
18-9442 Donald Loston v. Darrel Vannoy, Warden Fifth Circuit 2019-05-28 Denied Response WaivedIFP 6th-amendment counsel-of-choice criminal-procedure due-process ineffective-assistance judicial-efficiency judicial-integrity reversible-error right-to-counsel sixth-amendment state-trial-court trial-court-discretion Whether a state trial court denial of counsel of choice is reversible error when no threat against the interest of judicial integrity and efficiency w…
18-8871 Roy L. Rambo v. Patrick Nogan, Administrator, East Jersey State Prison, et al. Third Circuit 2019-04-22 Denied Response WaivedIFP 6th-amendment aedpa antiterrorism-and-effective-death-penalty-act asset-freezing counsel-of-choice criminal-prosecution due-process personal-assets sixth-amendment state-court-ruling Whether the Sixth Amendment right to counsel of choice was violated
18-8713 Briand Williams v. California California 2019-04-05 Dismissed Response WaivedIFP 6th-amendment code-of-civil-procedure constitutional-violation counsel-of-choice due-process equal-protection ineffective-assistance marsden-hearing plea-bargaining procedural-rights right-to-counsel sentencing sixth-amendment Does a defendant have a right to replace his privately retained counsel at any time during trial court proceedings?
18-8572 Christopher Jones v. Florida Florida 2019-03-27 Denied IFP community-control-violations community-controller constitutional-interpretation continuance counsel-of-choice due-process judicial-review legal-procedure right-to-counsel speedy-trial statutory-analysis unconstitutional-conditions unrepresented-defendant violation-proceedings Whether there is a minimum set of guidelines to be considered by a Court, in violation proceedings, before denying an unrepresented Community controll…
18-8230 Montgomery Carl Akers v. United States Tenth Circuit 2019-03-01 Denied Response WaivedIFP civil-procedure constitutional-rights counsel-of-choice court-procedure due-process fifth-amendment jurisdiction legal-obstruction record standing Does petitioner/appellant/defendant have a constitutional right under the Fifth Amendment due process clause to have his case heard by the district co…
18-7965 Daniel Stewart v. United States Seventh Circuit 2019-02-14 Denied Response WaivedIFP civil-rights counsel-of-choice due-process fourth-amendment Fourth-Amendment-Claim Miranda-Rights probable-cause Right-to-Counsel rodriguez-v-united-states search-and-seizure standing Suspicionless-Surveillance warrantless-search Warrantless-Searches Whether the warrantless searches of petitioner's person and his motor vehicle were in clear violation of his Fourth Amendment rights
18-7299 Leon Tony Parker, Jr. v. Texas Texas 2019-01-10 Denied IFP conflict-of-interest counsel-of-choice counsel-withdrawal court-procedure due-process judicial-discretion motion-resolution motion-to-substitute motion-to-substitute-counsel motion-to-withdraw record-keeping right-to-counsel trial-court-discretion trial-fairness Does the highest state court's decision conflict with the United States Supreme Court's guarantee to be represented by counsel of one's own choice?
18-7254 Alvin E. Thomas v. United States Third Circuit 2019-01-07 Denied Response WaivedIFP 6th-amendment actual-prejudice automatic-reversal collateral-review counsel-of-choice fundamental-unfairness ineffective-assistance ineffective-assistance-of-counsel sixth-amendment structural-error Is automatic reversal required where a defendant was denied counsel of choice due to the ineffective assistance of counsel?
18-7174 Shawndell Everson v. New York New York 2018-12-27 Denied Response WaivedIFP appeal-denial civil-rights constitutional-rights counsel-of-choice due-process effective-assistance ineffective-counsel public-trial sixth-amendment trial-rights Did the State of New York deny petitioner his civil rights, liberties, and due process of law, guaranteed by the Constitution of the United States, by…
18-6560 Wendell Weaver v. Walter Nicholson, Warden Seventh Circuit 2018-11-02 Denied Response WaivedIFP counsel-of-choice criminal-procedure disqualification eyewitness-testimony ineffective-assistance prosecutorial-misconduct reasonable-alternatives right-to-counsel strickland-standard strickland-v-washington trial-court wheat-v-united-states Does Wheat v. United States clearly establish that trial courts must consider reasonable alternatives before disqualifying a criminal defendant's coun…
18-6457 Abel Puente v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-10-26 Denied Response WaivedIFP constitutional-rights counsel-of-choice criminal-procedure effective-assistance-of-counsel indigent-defendant retained-attorney right-to-discharge-counsel sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel and to counsel of choice, which also provided the right to discharge counsel, wil…
18-5291 Martin Louis Ballard v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP deprived him of his right under the Sixth Amendme without any hearing 5th-amendment 6th-amendment bank-account bank-account-seizure civil-rights counsel-of-choice due-process fifth-amendment pretrial-seizure procedural-due-process seizure sixth-amendment Whether the pretrial seizure of petitioner's bank account, without any hearing, deprived him of his right under the Sixth Amendment to the United Stat…