Case 3:16-cr-00051-BR

Document 1150

Filed 08/30/16

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ATTHEUNITEDSTATESDISTRICTCOURT
FORTHEDISTRICTOFOREGON
PORTLANDDIVISION

UNITEDSTATES,
)
PLAINTIFF,
)

)
V.
)
)
CASENO.3:16cr00051BR05
RYANBUNDY
)
DEFENDANT. )
)
____________________________ )

ComesnowRYANBUNDY,apartytotheaboveentitledaction,andrepresentstotheCourtthe
following:
1.Thathehassomeexperienceinlitigation
2. That he believes and therefore asserts that an attorney not already familiar with the
multitude of facts in the captionedcasewouldneedatleast90,andprobably120,days
to become familiar with these factsandthenpreparefortrialbecausemanydocuments
must be studied and considered before trial counsel could ethically be ready to
crossexamineanymeaningfulwitnessinthecase
3. A criminal defendant has a right to represent himself at trial under the Sixth
Amendment to the United States Constitution. Further, a trial court must grant a
defendants request for selfrepresentation if three conditions are met. First, the
defendant must be mentally competent, and must make his request knowingly and
intelligently, having been apprised of the dangers of selfrepresentation. Second, he
must make his request unequivocally. Third, he must make his request within a
reasonable time before trial. Moreover, the Courts duty in a situation such as this is
more to inform a defendant or make him aware of the dangers and disadvantages of

Case 3:16-cr-00051-BR

Document 1150

Filed 08/30/16

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selfrepresentation, so thattherecordwillestablishthatheknowswhatheis doingand

hischoiceismadewitheyesopen.(Peoplev.Hall(1990)218Cal.App.3d1102,1105.)
4. Even further, in Adams v. United States ex rel. McCann (317 US 269) the United
States Supreme Court upheld the individual's right to represent himself without being
admitted to a bar (pro se). Subsequent cases confirmed that in the United States, in
any criminal prosecution by a State or the Federal Government the Sixth Amendment
and Fourteenth Amendment of the Constitution guarantee the right of the accused to
refuse the aidofanattorney,thougheveninthosecircumstancesthecourtmayrequire
that an attorney be present as an advisor should the accused desire help.SeeFaretta
v.California,422U.S.806(1975).
5. That asthedefense,hehasmemoryofrelevantfactors,thatmaybeoverlookedby a
newly defense counsel, the movant is now ready to move forward in this matter as his
ownrepresentation

WHEREFORE, movant respectfully requests this Honorable Court to permit him to appear pro
se,asoneoftrialcounselinthiscase,tofunctionasanattorneyinhis owndefense,pursuantto
theSixthAmendmenttotheConstitutionoftheUnitedStates.
Respectfullysubmitted

/s/ryancbundy

______________________________
ryancofthebundysociety

Dated:8/27/16

AttorneyforDEFENDANTRYANBUNDY

Case 3:16-cr-00051-BR

Document 1150

Verification

Filed 08/30/16

I certify the foregoing is true and correct under the

penalty of perjury pursuant to 28 USC 1746 that I
am over the age of 18 years, that I have personal
knowledge of the facts stated herein, and that I am
fullycompetenttotestifytothosefacts.

/s/ryancbundy
_________________________
ryancofthebundysociety
AttorneyforDEFENDANTRYANBUNDY

CertificateofService
This the 22ND day of August 2016 a true and correct
copy of the foregoing was served to the court, and
opposingcounselbyfirstclassmailorbetter.
/s/ryancbundy

______________________
ryancofthebundysociety
AttorneyforRYANBUNDY

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