United States v. Kelley, No. 14-1249 (8th Cir. 2015)
Annotate this CaseOn the first day of his arson trial, Kelley informed the court that Kelley did not want the public defender to represent him. Kelley explained that Kelley had not had a chance to view all the evidence against him and he had communication problems with his attorney. The court denied the request. Kelley then stated, “Since you won’t provide substitution, I would like to move for the court to allow me to represent myself, contingent upon getting a continuance for me to review the evidence and prepare.” The judge replied, “I do not believe that granting a continuance at this point is appropriate or necessary. This case has been set for trial on at least one other occasion. The case is ready to move forward. You have expressed identical, if not very similar concerns with respect to [the public defender] I know for a long period of time now … is it your wish that you proceed pro se and without [the public defender] representing you?” Kelley never answered. The judge then reviewed Kelley’s written submission and denied his requests. The Eighth Circuit affirmed his conviction. “The right to self-representation . . . is not absolute.” Considering the totality of the circumstances, Kelley’s request was neither timely nor unequivocal.
Court Description: Riley, Author, with Smith and Kelly, Circuit Judges] Criminal case - Criminal law. For the court's prior opinion see United States v. Kelley, 774 F.3d 434 (8th Cir. 2014). Considering the totality of the circumstances, the district court did not err in finding that Kelley's request to proceed pro se was neither timely nor unequivocal; the district court did not err in declining to convene a Faretta hearing.
This opinion or order relates to an opinion or order originally issued on December 16, 2014.
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