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Willis Franklin v. California

Paid petition · Court of Appeal of California, First Appellate District, No. A165893 · judgment March 13, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Was petitioner denied his Sixth and Fourteenth Amendment rights to retained counsel of choice when the trial court failed to continue the trial during the absence of one of petitioner’s co-counsel? Was petitioner denied his Sixth Amendment right to “client autonomy” under McCoy v. Louisiana, 584 U.S. 414, 138 S. Ct. 1500, 200 L. Ed. 2d 82 (2018), in not being advised that he had the final say in whether or not to testify even if this was against the advice of his attorneys? LIST OF ALL PARTIES Petitioner WILLIS FRANKLIN. Respondent PEOPLE OF THE STATE OF CALIFORNIA.

Counsel of record

For petitioner
Paul Gilruth McCarthy
Law Offices of Beles & Beles

For respondent
Julia Yeang-Ha Je
California Attorney General's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 11 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Sep 03 2024
    Waiver of right of respondent California to respond filed.
  4. Aug 23 2024
    Petition for a writ of certiorari filed. (Response due September 26, 2024)