American Bar Association
Media Alerts
Media Alerts - Batchelor v. Cain - 5th Circuit
Decrease font size
Increase font size
December 7, 2012
  Batchelor v. Cain - 5th Circuit
Headline: Fifth Circuit Grants Habeas Relief for Defendant Who Was Denied Sixth Amendment Right to Self-Representation

Area of Law: Criminal

Issue(s) Presented: Whether a criminal defendant implicitly waived his sixth amendment right to represent himself after expressly asserting his right before trial but then failing to assert the right in other proceedings.

Brief Summary: Months before his trial for armed robbery, Defendant Marshall Batchelor moved to dismiss his appointed counsel and represent himself pursuant to the Sixth Amendment guarantee set forth in Faretta v. California. The state trial court denied Marshall's motion, and subsequently he was convicted and sentenced. Batchelor filed a habeas corpus petition stating a denial of his Sixth Amendment rights under Faretta. The federal district court granted his petition. The United States Court of Appeals for the Fifth Circuit affirmed, though on different grounds than the district court.

Argument (if known): 4/28/2011

Date of Issued Opinion: 5/29/2012

Docket Number: 10-30802

Decided: Affirmed

Counsel (if known): Jennifer P. McKay, Barham, Warner, Stroud & McKay for Batchelor; Ross Warren Bergethon, Office of the Attorney General for the State of Louisiana for Cain

Author of Opinion: Dennis

Edited: 12/12/2012 at 10:28 AM by Media Alerts Moderator

    Posted By: Brian Graupner @ 12/07/2012 11:52 AM     5th Circuit  

FuseTalk Enterprise Edition - © 1999-2018 FuseTalk Inc. All rights reserved.

Discussion Board Usage Agreement

Back to Top