Petitions of the week
This week we highlight petitions pending before the Supreme Court that address whether depriving a criminal defendant of trial counsel against his will violates the Sixth Amendment and a jailer’s liability under 42 U.S.C. § 1983 for detaining a person for an extended period without providing a hearing for arraignment and bail review.
The petitions of the week are:
Issue: Whether, when a jailer detains a person for an extended period with no access to a court hearing for arraignment and bail review, in violation of his or her due process rights, the jailer can avoid liability under 42 U.S.C. § 1983 on the ground that the state court caused the violation because it bears sole responsibility for setting such a hearing.
Issue: Whether depriving a criminal defendant of trial counsel against his will, without at least the warnings and voluntary waiver required by Faretta v. California, violates the Sixth Amendment.
Posted in Cases in the Pipeline
Cases: Moya v. Garcia, Carruthers v. Mays