Wednesday, May 23, 2012

U.S. v. Carpenter, No. 10-30146 (5-22-12) (per curiam with Kozinski, Tallman, and Ikuta).
Note to defendants wanting to represent themselves:  if you are going to ask to represent yourself, try not to wait mid-trial, after the government had rested its case.  The defendant was in trial on charges of producing child pornography and permitting a child to engage in such sexually explicit conduct.  After the government rested, and when the court asked if the defendant was going to testify, his counsel indicated that the defendant wanted to represent himself.  On appeal, defendant argued that the court should have held a Faretta hearing.  He also raised a statute of limitations argument.  The 9th rejected both arguments.  On the Faretta issue, the 9th held that it was not timely.  Moreover, it was not explicit.  Although counsel stated it, defendant never himself said he wanted to represent himself, even though he engaged the court in discussion as to witnesses.  The 9th also held that the statutes 18 USC 2251(a) and 2251(b) were subject to the extended statute of limitations in 3283.  The definition of sexual abuse in 18 USC 3509(a), to which the extended statute applies, covers conduct that is the basis of the charges.  The 9th joins two other circuits in so finding.


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