Monday, July 30, 2018

US v. Turner, No. 14-50238 (7-27-18)(Ikuta w/M. Smith & Gettleman). The 9th affirms convictions in two separate fraud trials (2009 and 2012). The 9th concludes that the defendant's Sixth Amendment rights were not violated when, after eight continuances and vacillations between counsel and self-representation, over two and a half years, the court granted a shorter continuance than requested.  The court did not abuse its discretion when it denied CJA funds in both trials.  The court did not err in not holding a sua sponte competency hearing in the 2012 trial.  Since the court reasonably did not doubt the defendant's competency, the denial of mistrial was affirmed and the decision not to terminate self-representation.

The decision is here:


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