When a criminal defendant is denied the right to appear in court pro se, can he rely on the "harmless error analysis" to determine if he has ever invoked his right to self-representation?
MultiRegion, United States of America
The following excerpt is from United States v. Young, 15-3075-cr (2nd Cir. 2016):
2. Harmless error analysis does not apply when a criminal defendant is denied the right to appear pro se. United States v. Plattner, 330 F.2d 271, 273 (2d Cir. 1964). To repeat, Wint does not argue that he ever invoked (and therefore was denied) his right of self-representation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a criminal defendant waive his Sixth Amendment right to counsel to invoke his right to self-representation? (MultiRegion, United States of America)
What is the test for determining whether a constitutional violation has been committed by the Court of Appeal when a defendant has been denied a right to a speedy trial? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
When a criminal defendant has solemnly admitted in open court that he is guilty of the crime with which he is charged, does he have to continue to deny his constitutional rights? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code of Civil Procedure for failing to notify the court of an administrative error? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se? (MultiRegion, United States of America)
What analysis is used by a trial court to determine liability of a nonsettling defendant where plaintiffs have already settled with other defendants? (MultiRegion, United States of America)
Is it error for a trial court to deny a defendant's motion to relieve his court-appointed attorney without a hearing? (MultiRegion, United States of America)
