485 F. App'x 396
11th Cir.2012Background
- Price was convicted on two bank robbery counts, conspiracy, two firearm counts, and felon-in-possession.
- Price challenged the district court's denial of additional peremptory challenges during jury selection.
- Price also challenged the adequacy of findings supporting his waiver of counsel.
- The court reviewed peremptory-strike decisions for abuse of discretion and affirmed the denial.
- The record shows a thorough Faretta inquiry; Price chose to proceed pro se with standby counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of additional peremptory challenges was an abuse of discretion | Price | Price | Affirmed (no abuse found) |
| Whether the waiver of counsel was knowing and voluntary | Price | Price | Affirmed (waiver valid) |
Key Cases Cited
- Romero v. United States, 780 F.2d 981 (11th Cir. 1986) (guides abuse-of-discretion review for peremptory strikes)
- Martinez-Salazar, 528 U.S. 304 (2000) (peremptory challenges are not constitutionally required; purpose to secure impartial jury)
- Jones v. Walker, 540 F.3d 1277 (11th Cir. 2008) (knowing-and-voluntary standard for Faretta waiver; en banc discussion)
- Faretta v. California, 422 U.S. 806 ( Supreme Court 1975) (Faretta inquiry; risks of self-representation; decision must be voluntary)
- Cash v. United States, 47 F.3d 1083 (11th Cir. 1995) (material factors for validity of pro se waiver; includes mental capacity considerations)