position of presenting defense (California) · Go Syfert
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position of presenting defense in California

7 California opinions name it 2 courts 2000–2024 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Jenkinsgreen
cal · 2000 · cited in 5 California opinions naming this issue, 2005–2024
2 sentences

2024(People v. Blair (2005) 36 Cal.4th 686 , 732- 733, overruled on other grounds in People v. Black (2014) 58 Cal.4th 912, 919 .) As our Supreme Court explains, “[D]epriving a self-represented defendant of ‘all means of presenting a defense’ violates the right of self-representation.” (Blair, at p. 733.) Thus, “a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense [citation], but this general proposition does not dict

2016(See People v. Jenkins (2000) 22 Cal.4th 900, 1040 [“It is certainly true that a 19 defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense [citation], but this general proposition does not dictate the resources that must be available to defendants”].) Contrary to Love’s contention, a trial court is not necessarily required to appoint advisory counsel in a noncapital case whenever a self-represented litigant is denied

35
People v. Jamesgreen
calctapp · 2011 · cited in 2 California opinions naming this issue, 2016–2024
2 sentences

2024(People v. Blair (2005) 36 Cal.4th 686 , 732- 733, overruled on other grounds in People v. Black (2014) 58 Cal.4th 912, 919 .) As our Supreme Court explains, “[D]epriving a self-represented defendant of ‘all means of presenting a defense’ violates the right of self-representation.” (Blair, at p. 733.) Thus, “a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense [citation], but this general proposition does not dict

2016(People v. James (2011) 202 Cal.App.4th 323, 337 [“Nor are we convinced . . . that a pro se defendant must be appointed advisory counsel if he does not have personal access to a law library”], fn. omitted.) And even if this were required, Love has failed to demonstrate that the trial court refused to make such an appointment.

12
State v. Drobelgreen
utahctapp · 1991 · cited in 1 California opinions naming this issue, 2000–2000
1 sentence

2000Institutional and security concerns of pretrial detention facilities may be considered in determining what means will be accorded to the defendant to prepare his or her defense. ( Id. at p. 1446; United States v. Nash, supra, 73 F.3d at p. 1491 ; United States v. Robinson, supra, 913 F.2d at p. 717 ; State v. Drobel, supra, 815 P.2d at p. 736, fn. 23 .) When the defendant has a lawyer acting as advisory counsel, his or her rights are adequately protected. ( Milton, supra, 767 F.2d at p. 1446 ; United States v. Wilson, supra, 690 F.2d at pp. 1271-1272; State v. Henry, supra, 863 P.2d at p. 876.

11
State v. Henrygreen
ariz · 1993 · cited in 1 California opinions naming this issue, 2000–2000
1 sentence

2000Institutional and security concerns of pretrial detention facilities may be considered in determining what means will be accorded to the defendant to prepare his or her defense. ( Id. at p. 1446; United States v. Nash, supra, 73 F.3d at p. 1491 ; United States v. Robinson, supra, 913 F.2d at p. 717 ; State v. Drobel, supra, 815 P.2d at p. 736, fn. 23 .) When the defendant has a lawyer acting as advisory counsel, his or her rights are adequately protected. ( Milton, supra, 767 F.2d at p. 1446 ; United States v. Wilson, supra, 690 F.2d at pp. 1271-1272; State v. Henry, supra, 863 P.2d at p. 876.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
People v. Blair red
cal · 2005
2 sentences

2024(People v. Blair (2005) 36 Cal.4th 686 , 732- 733, overruled on other grounds in People v. Black (2014) 58 Cal.4th 912, 919 .) As our Supreme Court explains, “[D]epriving a self-represented defendant of ‘all means of presenting a defense’ violates the right of self-representation.” (Blair, at p. 733.) Thus, “a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense [citation], but this general proposition does not dict

2011(Blair, supra, 36 Cal.4th at p. 733 , quoting People v. Jenkins (2000) 22 Cal.4th 900, 1040 [ 95 Cal.Rptr.2d 377 , 997 P.2d 1044 ] (Jenkins).) “Thus, ‘a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other *1125 means of developing a defense.’ ” (Blair, supra, 36 Cal.4th at p. 733 .) 11 But “the Sixth Amendment requires only that a self-represented defendant’s access to the resources necessary to present a defense be reasonable under all the cir

22011–2024
Johnny B. Milton v. P.J. Morris, Warden green
ca9 · 1985
2 sentences

2005(People v. Jenkins, supra, 22 Cal.4th at p. 1040 , citing Milton v. Morris (9th Cir. 1985) 767 F.2d 1443, 1445-1446 .) Thus, “a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense.” (People v. Jenkins, supra, 22 Cal.4th at p. 1040 .) Yet, as we have observed, “[(Institutional and security concerns of pretrial detention facilities may be considered in determining what means will be accorded to the defendant to prepa

2000Institutional and security concerns of pretrial detention facilities may be considered in determining what means will be accorded to the defendant to prepare his or her defense. ( Id. at p. 1446; United States v. Nash, supra, 73 F.3d at p. 1491 ; United States v. Robinson, supra, 913 F.2d at p. 717 ; State v. Drobel, supra, 815 P.2d at p. 736, fn. 23 .) When the defendant has a lawyer acting as advisory counsel, his or her rights are adequately protected. ( Milton, supra, 767 F.2d at p. 1446 ; United States v. Wilson, supra, 690 F.2d at pp. 1271-1272; State v. Henry, supra, 863 P.2d at p. 876.

22000–2005
People v. Black green
cal · 2014
1 sentence

2024(People v. Blair (2005) 36 Cal.4th 686 , 732- 733, overruled on other grounds in People v. Black (2014) 58 Cal.4th 912, 919 .) As our Supreme Court explains, “[D]epriving a self-represented defendant of ‘all means of presenting a defense’ violates the right of self-representation.” (Blair, at p. 733.) Thus, “a defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a telephone, law library, runner, investigator, advisory counsel, or any other means of developing a defense [citation], but this general proposition does not dict

12024–2024
People v. Moore green
cal · 2011
1 sentence

2015You're just going to have to do your research, write it on a piece of paper . . . ." " ' "[A] defendant who is representing himself or herself may not be placed in the position of presenting a defense without access to a . . . law library . . . or any other means of developing a defense." ' [Citation.] But 'the Sixth Amendment requires only that a self-represented defendant's access to the resources necessary to present a defense be reasonable under all the circumstances.' [Citation.]" (People v. Moore, supra, 51 Cal.4th at pp. 1124-1125.) The trial court did not unreasonably deny appellant's

12015–2015
United States v. Calvin Lyniol Robinson green
ca9 · 1990
1 sentence

2000Institutional and security concerns of pretrial detention facilities may be considered in determining what means will be accorded to the defendant to prepare his or her defense. ( Id. at p. 1446; United States v. Nash, supra, 73 F.3d at p. 1491 ; United States v. Robinson, supra, 913 F.2d at p. 717 ; State v. Drobel, supra, 815 P.2d at p. 736, fn. 23 .) When the defendant has a lawyer acting as advisory counsel, his or her rights are adequately protected. ( Milton, supra, 767 F.2d at p. 1446 ; United States v. Wilson, supra, 690 F.2d at pp. 1271-1272; State v. Henry, supra, 863 P.2d at p. 876.

12000–2000

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