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Neil J. Gillespie v. Florida

Paid petition · Supreme Court of Florida, No. SC20-1255 · judgment August 25, 2020

Certiorari denied · March 8, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Questions presented

  1. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by forced appointment of counsel prohibited by Faretta v. California. 422 U.S. 806 (1975), where the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings?

  2. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained under threat of incarceration or submission to a competency evaluation?

  3. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by a judge who failed to recuse on a meritorious motion to disqualify?

  4. Can a writ of habeas corpus free a criminal defendant in state criminal proceedings from being restrained by excessive bail?

Counsel of record

For petitioner
Neil Joseph Gillespie

For respondent
Rebecca Rock McGuigan
Office of Florida Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 8, 2021 · Certiorari denied

Proceedings

  1. Mar 08 2021
    Petition DENIED.
  2. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  3. Feb 10 2021
    Waiver of right of respondent State of Florida to respond filed.
  4. Nov 23 2020
    Petition for a writ of certiorari filed. (Response due February 10, 2021)