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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111451
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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A federal defendent that Was found guilty of a count after

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A federal defendent that Was found guilty of a count after Being denîed The right to Self Representation, six Weeks before trial. To Deny a compendent defendent The right Self repensation, is a structural Error. And mandatea reversal. (Unîted States v Faretta), Now 3 years post verdict, he haș not been sentenced, rule 29, is not applicable, nor is inaffective assistance of counsel, prior to final judgement. No challenge of evidence.
The issue is The verdict Will undoubtedly be reversed, pursuant The Sixth Ammendant violation, Which resulted in The guilty verdict.
Is Mandamus The proper vechile to void Orders/judgement.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Mandamus is the proper vehicle to ask the appeals court to order a lower court to take action on something that the court is refusing to act upon. If the defendant is being held by judgment against them then potentially a petition for writ of habeas corpus can be used. See: http://www.uscourts.gov/forms/habeas-corpus-petitions/petition-writ-habeas-corpus-under-28-usc-ss-2241
Also, if this is a post conviction matter then the motion/petition for post conviction relief based on the civil right violation of the Sixth Amendment would be the best way for you to proceed to vacate the conviction and seek a new trial or dismissal of the charges.

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