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U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse)

Article • December 1, 2012

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Barnes, No. 10-3099-cr (2nd Cir.) (693 F.3d 261) (September 4, 2012) (Judge Amalya Lyle Kearse) by Defendant's convictions for multiple crimes, including, narcotics, racketeering, and firearm offenses are affirmed, where defendant's claim that his Sixth Amendment right to represent himself at trial was violated is rejected, as his …

U.S. v. Frankel, No. 06-1752-cr (2nd Cir.) (589 F.3d 566) (December 21, 2009) (Per Curiam)

Article • February 22, 2010 • from P&J February, 2010

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Frankel, No. 06-1752-cr (2nd Cir.) (589 F.3d 566) (December 21, 2009) (Per Curiam) by In a wire fraud prosecution, the court of appeals' prior order relieving appointed counsel as a sanction for defendant's misconduct is vacated where the order was not preceded by notice to defendant and an …

Iqbal v. Ashcroft, No. 05-6352-cv (2nd Cir.) (574 F.3d 820) (July 28, 2009) (Per Curiam)

Article • September 1, 2009 • from P&J September, 2009

Filed under: Punch And Jurists, Pleading Requirements/Rules

Iqbal v. Ashcroft, No. 05-6352-cv (2nd Cir.) (574 F.3d 820) (July 28, 2009) (Per Curiam) by On remand from the Supreme Court of the United States, the matter is remanded to the district court for further proceedings in light of the Court's decision in Ashcroft v. Iqbal to decide whether …

Clark v. Perez, No. 06-5340-pr (2nd Cir.) (510 F.3d 382) (January 3, 2008) (Judge Dennis G. Jacobs)

Article • February 1, 2008 • from P&J February, 2008

Filed under: Punch And Jurists, Pro Se Issues

Clark v. Perez, No. 06-5340-pr (2nd Cir.) (510 F.3d 382) (January 3, 2008) (Judge Dennis G. Jacobs) by In case where petitioner was convicted of second degree murder, robbery, and lesser crimes in state court, judgment of district court granting petitioner a writ of habeas corpus is reversed where: 1) …

Houston v. Lack, No. 87-5428 (U.S. Supreme Court) (487 U.S. 266; 108 S.Ct. 2379) (June 24, 1988) (Justice Brennan)

Article • May 5, 2003

Filed under: Punch And Jurists, Pro Se Issues

Houston v. Lack, No. 87-5428 (U.S. Supreme Court) (487 U.S. 266; 108 S.Ct. 2379) (June 24, 1988) (Justice Brennan) by Case held that under Fed.R.App.P. 4(a)(1) a pro se prisoner's notice of appeal is deemed filed at the moment of delivery to prison authorities for forwarding to the district court. …

McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor)

Article • March 16, 2002

Filed under: Punch And Jurists, Pro Se Issues

McKaskle v. Wiggins, No. 82-1135 (U.S. Supreme Court) (465 U.S. 168; 104 S.Ct. 944) (January 23, 1984) (Justice O'Connor) by In this case the Court addressed the scope of one's right to conduct his own defense and, in expanding on its decision in Faretta v. California, it held that the …

Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler)

Article • February 1, 2002 • from P&J February, 2002

Filed under: Punch And Jurists, Pro Se Issues

Hill v. Braxton, No. 00-7408 (4th Cir.) (277 F.3d 701) (January 14, 2002) (Judge William B. Jr. Traxler) by In this case, the petitioner, a state prisoner acting pro se, sought relief from his convictions and sentences for rape and malicious wounding under 28 U.S.C. § 2254. The District Court, …

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart)

Article • December 29, 2001

Filed under: Punch And Jurists, Pro Se Issues

Faretta v. California, No. 73-5772 (U.S. Supreme Court) (422 U.S. 806; 95 S.Ct. 2525) (June 30, 1975) (Justice Stewart) by Here the Court held that a criminal defendant has a constitutional right to conduct his own defense at trial by acting pro se when he voluntarily and intelligently elects to …

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Seesing, No. 98-30233 (9th Cir.) (234 F.3d 456) (December 8, 2000) (Judge Michael Daly Hawkins) by

Haines v. Kerner, No. 70-5025 (U.S. Supreme Court) (404 U.S. 519; 92 S.Ct. 594) (January 13, 1972) (Per Curiam)

Article • December 12, 2000

Filed under: Punch And Jurists, Pro Se Issues

Haines v. Kerner, No. 70-5025 (U.S. Supreme Court) (404 U.S. 519; 92 S.Ct. 594) (January 13, 1972) (Per Curiam) by In this brief per curiam decision, the Supreme Court held that prisoner's pro se complaint seeking to recover damages for claimed physical injuries and deprivation of rights in imposing disciplinary …

Raineri v. U.S., No. 99-2359 (1st Cir.) (233 F.3d 96) (December 1, 2000) (Judge Bruce M. Selya)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Pro Se Issues

Raineri v. U.S., No. 99-2359 (1st Cir.) (233 F.3d 96) (December 1, 2000) (Judge Bruce M. Selya) by This is a case that pro se litigants should study because it helps to clarify at least one of the subtle traps that face prisoners who seek habeas relief. The Court phrased …

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas)

Article • July 2, 2000

Filed under: Punch And Jurists, Pro Se Issues

Godinez v. Moran, No. 92-715 (U.S. Supreme Court) (509 U.S. 389; 113 S.Ct. 2680) (June 24, 1993) (Justice Thomas) by Here the Court rejected the notion that a defendant who represents himself must have greater powers of comprehension, judgment, and reason than would be necessary to stand trial with the …

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Byrd, No. 99-2480 (7th Cir.) (208 F.3d 592) (March 31, 2000) (Judge Terrence T. Evans) by In this case, the defendant-prisoner was charged with assaulting a police officer and interfering with two law enforcement agents who were transporting him, fully shackled, to testify as a defense witness in …

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens)

Article • March 7, 2000 • from P&J December, 1999

Filed under: Punch And Jurists, Pro Se Issues

Martinez v. Court of Appeals of California, Fourth Appellate Dist., No. 98-7809 (U.S. Supreme Court) (528 U.S. 152; 120 S.Ct. 684) (January 12, 2000) (Justice Stevens) by Here the Court held that a criminal defendant's constitutional right to represent himself at trial, that was recognized in Faretta v. California, 422 …

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt) by In this case, the district court denied the defendant's request to represent himself at trial because he decided that the defendant did not know enough about the legal issues in the case. After …

U.S. v. Farhad, No. 97-10044 (9th Cir.) (190 F.3d 1097) (September 13, 1999) (Per Curiam)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Farhad, No. 97-10044 (9th Cir.) (190 F.3d 1097) (September 13, 1999) (Per Curiam) by This is an interesting case that deals with the dangers of a defendant acting pro se. Here, the Ninth Circuit rejected a defense claim that the defendant had not knowingly, intelligently and unequivocally waived …

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Pro Se Issues

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by Relying on an unpublished decision, the magistrate judge warned that if prisoners abuse their right to represent themselves, they may face a sentence increase for obstruction. This is one of those indigent pro se …

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Pro Se Issues

Cooper v. Brookshire, No. 94-50782 (5th Cir.) (70 F.3d 377) (November 22, 1996) (Judge Jacques L. Jr. Wiener) by Case held that the "mailbox" rule adopted in Houston v. Lack, 487 U.S. 266 (1988) applied to actions filed by pro se prisoners under 42 U.S.C. § 1983.