Petitions of the week
on Jan 10, 2019 at 1:42 pm
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.
