USA v. Davis et alMOTION for HearingD. Nev.June 16, 20101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TODD M. LEVENTHAL, ESQ. Nevada Bar No. 008543 600 South Third Street Las Vegas, Nevada 89101 (702) 384-1990 Attorney for Mr. Davis UNITED STATES DISTRICT COURT DISTRICT OF NEVADA UNITED STATES OF AMERICA, ) ) CR-S-09-078-JCM(RJJ) Plaintiff, ) ) vs. ) ) SAMUEL DAVIS, and ) SHAWN RICE ) Defendant. ) ____________________________________) MOTION FOR A FARETTA HEARING The Defendant, by and through his attorney of record, Todd M. Leventhal, hereby requests that the court conduct a Faretta hearing regarding the issue of whether Mr. Davis may represent himself in his upcoming trial. Respectfully Submitted, ________s-____________________ TODD M. LEVENTHAL, ESQ. Attorney for Mr. Davis Case 2:09-cr-00078-JCM-RJJ Document 154 Filed 06/16/10 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATEMENT OF FACTS Samuel Davis and Shawn Rice were charged with one count of Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. Section 1956(h)-(Count 1) and thirty counts of Money Laundering, in violation of 18 U.S.C. 1956(a)(3)- Counts (2-31). Calendar call in this matter was set for Wednesday June 16, 2010, with Trial commencing on Monday June 21, 2010. At calendar call, the Honorable Judge Mahan ordered that a motion be filed requesting a Faretta Hearing in addition to a Stipulation to continue the trial setting. POINTS AND AUTHORITIES The Constitution guarantees every defendant the paramount right to a fair and reliable trial. In contrast to this Fifth Amendment right, the Sixth Amendment guarantees a defendant a right to counsel but also allows him to waive this right and to represent himself without counsel. Faretta v. California, 422 U.S. 806, 820, 45 L. Ed. 2d 562, 95 S. Ct. 2525 (1975). Like the other procedural guarantees of the Sixth Amendment, the primary purpose of the right to self- representation is to achieve the substantive objective of a fair trial. A defendant's decision to forgo counsel and instead to defend himself is valid if the request is timely, not for the purposes of delay, unequivocal, and knowing and intelligent. United States v. Arlt, 41 F.3d at 519. In order to deem a defendant's Faretta waiver knowing and intelligent, the district court must insure that he understands 1) the nature of the charges against him, 2) the possible penalties, and 3) the "dangers and disadvantages of self-representation." Balough, 820 F.2d at 1487. Here, Mr. Davis respectfully requests that a Faretta Hearing take place so that he may proceed in this matter representing himself. // // // Case 2:09-cr-00078-JCM-RJJ Document 154 Filed 06/16/10 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPECTFULLY SUBMITTED Dated this 16 day of June 2010th __________/s/_____________ TODD M. LEVENTHAL, ESQ. Attorney for Mr. Davis Case 2:09-cr-00078-JCM-RJJ Document 154 Filed 06/16/10 Page 3 of 3
