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Schultz: Magistrate Judge can decide self-representation

By Tim Cone

In U.S. v. Schultz, No. 06-11673 (April 22, 2009), the Court affirmed fraud convictions and dismissed the defendant?s appeal in part for lack of jurisdiction.The Court found no error in having a Magistrate Judge, as opposed to an Article III district court, decide Schultz?s Faretta motion for self-representation.The Court noted that it lacked appellate jurisdiction to review the rulings of a Magistrate Judge, and therefore could not review Schultz? challenge to the Magistrate Judge?s order denying self-representation. The Court noted that Schultz? attorney orally objected at the commencement of trial in the district court to the lack of self-representation, and that the district court ruled "denied." However, the Court noted that Schultz? oral motion did not alert the district court to the Magistrate Judge?s order...continue to full post

Full post as published by Defense Newsletter Blog on April 23, 2009 (boomark / email).