· 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 CourtListenerSourced 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.