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Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments
Loaded on Sept. 1, 2024
by Sam Rutherford
published in Criminal Legal News
September, 2024, page 30
Filed under:
Sovereign Immunity,
Judicial or Administrative Orders,
Self-representation.
Location:
Missouri.
by Sam Rutherford
The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Eastern District of Missouri erred by concluding that a defendant forfeited his right to represent himself in a criminal case based solely on the defendant’s repeated assertion of frivolous “sovereign ...
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More from this issue:
- DNA Databases, Privacy Concerns, and Noble Cause Bias, by Michael Thompson
- Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition, by Sam Rutherford
- Ninth Circuit Announces Issues Not Raised in Prior Appeal Are Not Waived on Subsequent Appeal Following De Novo Resentencing, by Douglas Ankney
- AI-Generated Police Reports Must Have Guardrails for Inaccuracy, Bias, Transparency, and Review, by Jo Ellen Nott
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, by Matthew Clarke
- First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling, by Douglas Ankney
- Maryland Governor Pardons Thousands of Low-Level Marijuana Convictions, Seeking to Right Historical Wrongs, by Jo Ellen Nott
- Investigation Reveals That Almost 90% of Discipline Records Temporarily Disappeared From Officer Tracking System Used by the NYPD, by Jo Ellen Nott
- Push Notifications: Yet Another Secret Surveillance Technique, by Michael Thompson
- The Steady Slide Towards Tyranny: How Freedom Dies from A to Z, by Nisha Whitehead, John W. Whitehead
- Years of Warnings Ignored as DNA Analyst at Colorado Crime Lab Allegedly Cut Corners, Her Misconduct Casts Doubt on Thousands of Cases, by Jo Ellen Nott
- Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, by Sam Rutherford
- Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments, by Sam Rutherford
- Maryland Eliminates Parole Fees, by Douglas Ankney
- California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, by Sam Rutherford
- Forensic Microbiology and Criminal Investigations, by Douglas Ankney
- The FBI Really Doesn’t Want the Public to Know About This Surveillance Device, by Michael Thompson
- Thousands of Americans’ Mail Monitored by Law Enforcement, Records Reveal, by Jo Ellen Nott
- Tenth Circuit: Mere Presence in Vehicle Used to Transport Large Quantity of Drugs Insufficient to Establish Necessary Intent for Conspiracy Conviction, by Anthony Accurso
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, by Matthew Clarke
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- Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, by Douglas Ankney
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More from Sam Rutherford:
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- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025
More from these topics:
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, June 15, 2023. Self-representation.
- California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, Feb. 15, 2023. Mental Health, Self-representation, Mental Health Records.
- Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, July 15, 2022. Self-representation.
- Fifth Circuit Holds Defendants Entitled to Sovereign Immunity For Denial of Sex-Reassignment Surgery to Texas Prisoner, Nov. 1, 2021. Sovereign Immunity, Transgender Medical Procedures.
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel, Oct. 1, 2021. Due Process, Legal Mail, Periods of Delay, Self-representation.
- Kentucky Consolidated Local Government Entitled to Sovereign Immunity, June 1, 2021. Sovereign Immunity.
- Man Denied Justice After Guard Humiliates and Beats Him, Feb. 10, 2021. Guard Misconduct, Seizures, Guard Brutality/Beatings, Sovereign Immunity.
- Kentucky Consolidated Local Government Entitled to Sovereign Immunity, Jan. 20, 2021. Sovereign Immunity.
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, Jan. 15, 2021. Eighth Amendment, Habeas Corpus, Self-representation.
- Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation, Dec. 15, 2020. Self-representation, Adequacy, Prisoners' Rights.