Thursday, June 29, 2006
A fool for a client . . . but a winner.
Howard Pincus won in U.S. v. Tucker, reversing felon in possession convictions from Kansas. The Tenth Circuit held that the district court improperly denied Mr. Tucker's right to represent himself at the voir dire stage. Even though Mr. Tucker was subsequently allowed to represent himself during the trial, the Tenth Circuit held that the record did not establish that the request was for the purpose of delay and, therefore the district court erred. And because denial of right to self representation is not subject to harmless error, the Tenth Circuit reversed.