· 3/7/2024
Matter of Harton
Citations
- 204 N.Y.S.3d 628
- 2024 NY Slip Op 01242
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that request that was merely an impulsive response to the trial court’s denial of a request for new counsel was not unequivocal
- examining the trial court's response to defendant's self-representation request to determine whether the request was equivocal
- finding a reasonable person could have concluded the defendant was merely expressing his frustration rather than clearly invoking his right to self- 4 Faretta v. California, 422 U.S. 806, 835 (1975
- the defendant did not invoke his right to self-representation by his isolated, offhand statement expressing frustration at the trial court’s denial of a request for new counsel
- defendant did not invoke right to self-representation through isolated, offhand statement expressing frustration at trial court’s denial of request for new counsel
- \The district court properly held that Nix waived his procedural default defense by failing to affirmatively assert it in his answer to Reese's petition for habeas relief.\
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.