# Gerald Eugene Stano, Cross-Appellee v. Richard L. Dugger, Secretary, Florida Department of Corrections, Cross-Appellant

> Court of Appeals for the Eleventh Circuit · January 2, 1991 · 921 F.2d 1125

URL: https://www.frixlaw.com/law-library/cases/9481149

## Case

- **Full name:** Gerald Eugene STANO, Petitioner-Appellant, Cross-Appellee, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent-Appellee, Cross-Appellant
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** January 2, 1991
- **Citations:** 921 F.2d 1125; 1991 U.S. App. LEXIS 32; 1991 WL 629
- **Precedential status:** Published
- **Opinion:** Concurrence by Anderson
- **Judges:** Tjoflat, Fay, Kravitch, Johnson, Hatchett, Anderson, Clark, Edmondson, Cox, Birch, Dubina
- **Cited by:** 177 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by United States v. Garey, 540 F.3d 1253 (2008).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9481149

## How later opinions describe it (automated extraction)

- holding that Cronic “created an exception to the Strickland [v.Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984),] standard for ineffective assistance of counsel and acknowledged that certain circumstances are so egregiously prejudicial that ineffective assistanc…
- holding that Cronic “created an exception to the Strickland [ v.Washington, 466 U.S. 668 (1984),] standard for ineffective assistance of counsel and acknowledged that certain circumstances are so egregiously prejudicial that ineffective assistance of counsel will be presumed”
- stating although the defendant need not “recite some talismanic formula,” he must “state his request [to proceed pro se], either orally or in writing, unambiguously to the court so that no reasonable person can say that the request was not made”
- stating that right to counsel “attaches automatically and must be waived affirmatively to be lost, while the [right to self- representation] does ‘not attach unless and until it [i]s asserted’” (citation omitted)
- noting that, while the right to counsel "attaches automatically and must be waived affirmatively to be lost," the right to self-representation does _________________________________________________________________ 8. The right to counsel is generally recognized to be the param…

## Opinion text

ANDERSON, Circuit Judge,
concurring, in which KRAVITCH, Circuit Judge, joins:
I join Part II.B. of Judge Fay’s opinion holding that Stano’s claim of ineffective *1155 assistance of counsel has no merit. I also join in that portion of Part II.A. of Judge Fay’s opinion holding that the circumstances of this case did not trigger the procedures outlined in Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). In other words, I join all of the opinion, except I do not join any dicta suggesting that the Faretta right is inapplicable to the guilty plea stage.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481149. Public record. Not legal advice.