Foster v. Tatum
Petition for certiorari denied on October 16, 2017
Issue: (1) Whether the Supreme Court's case law "clearly establish[es]," 28 U.S.C. § 2254(d), that a defendant's waiver of counsel is "knowing and voluntary" even if the trial court finds that the defendant does not, in fact, understand the difficulties of self-representation; and (2) whether the Supreme Court's case law "clearly establish[es]," 28 U.S.C. § 2254(d), that a trial court must grant a defendant's request to represent himself at trial even if the defendant cannot carry out this representation "competently."
| Date | Proceedings and Orders |
|---|---|
| 05/30/2017 | Petition for a writ of certiorari filed. (Response due June 30, 2017) |
| 06/18/2017 | Supplemental brief of respondent Robert L. Tatum filed. |
| 06/29/2017 | Waiver of right of respondent Robert L. Tatum to respond filed. |
| 07/05/2017 | DISTRIBUTED for Conference of September 25, 2017. |
| 07/13/2017 | Response Requested. (Due August 14, 2017) |
| 07/20/2017 | Order extending time to file response to petition to and including September 14, 2017. |
| 09/12/2017 | Brief of respondent Robert L. Tatum in opposition filed. |
| 09/12/2017 | Motion for leave to proceed in forma pauperis filed by respondent Robert L. Tatum. |
| 09/19/2017 | Supplemental brief of respondent Robert L. Tatum filed. (Distributed) |
| 09/27/2017 | DISTRIBUTED for Conference of 10/13/2017. |
| 09/27/2017 | Reply of petitioner Brian Foster filed. (Distributed) |
| 10/16/2017 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 10/16/2017 | Petition DENIED. |