Doss

I.

FACTUAL AND PROCEDURAL

BACKGROUND

This case centers on the distinction between a defendant’s right under Faretta, supra, 422 U.S. 806 to self-representation in a criminal proceeding and an inmate’s right to certain jailhouse privileges as a consequence of self-representation. In legal terms, a self-represented defendant has in propria persona (pro. per.) status in the proceedings. Such a defendant who is incarcerated may also be given pro. per. privileges to engage in certain activities, such as making telephone calls for case-related purposes, to facilitate his or her ability to participate in the proceedings. This case involves both of these concepts and the different legal standards that apply to them. Doss has an extensive criminal history. He was originally incarcerated in the Martinez Detention Facility for charges unrelated to this case.2 He was allowed to represent himself to defend those charges (i.e., he had pro. per. status), and he was given pro. per. privileges in jail to facilitate his self-representation. The charges in this case were brought after Doss hit a fellow inmate on the hand with a broom handle in December 2011. He was charged with felony counts of…