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· 1/13/2005

William Allen Marshall v. Don Taylor, Warden Attorney General of the State of California

Citations

  • 395 F.3d 1058
  • 2005 U.S. App. LEXIS 594
  • 2005 WL 79058

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the California rule for determining the timeliness of Faretta motions was not contrary to the United States Supreme Court’s holding in Faretta that a request made “weeks before trial” is timely
  • holding that a defendant's motion to represent himself was untimely when made the day trial was set to commence, after several continuances of his trial, and with no facts to show that his last-minute request was reasonable
  • explaining that because “the Supreme Court incorporated the facts of Faretta into its holding [. . .] the holding may be read to require a court to grant a Faretta request when the request occurs weeks before trial.”
  • explaining that Faretta “indirectly incorporated a timing element”
  • state court did not violate clearly 16 established Supreme Court precedent by concluding that a Faretta motion brought on the 17 first day of trial was untimely
  • “Faretta clearly established some timing element, but we still do not know the precise contours of 2 that element. At most, we know that Faretta requests made ‘weeks before trial’ are timely.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Nelson, Wardlaw

Read full opinion on CourtListener

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.