accused manages his own defense (Texas) · Go Syfert
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accused manages his own defense in Texas

15 Texas opinions name it 2 courts 1976–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Faretta v. Californiagreen
scotus · 1975 · cited in 12 Texas opinions naming this issue, 1976–2019
2 sentences

2016In Faretta , the Supreme Court recognized that “[w]hen an accused manages his own defense, he relinquishes ... many of the traditional benefits associated with the right to counsel.” 422 U.S. at 835 , 95 S.Ct. at 2541 .

2016In Faretta , the Supreme Court recognized that “[w]hen an accused manages his own defense, he relinquishes ... many of the traditional benefits associated with the right to counsel.” 422 U.S. at 835 , 95 S.Ct. at 2541 .

112
Indiana v. Edwardsgreen
scotus · 2008 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008For this reason, in order to represent himself, the accused must ‘knowingly and intelligently’ forego those relinquished benefits.” Faretta, 422 U.S. at 835 (quoting Johnson v. Zerbst, 304 U.S. 458, 464-65 (1938)); see Edwards, 128 S. Ct. at 2383 .

11
Johnson v. Zerbstgreen
scotus · 1938 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008For this reason, in order to represent himself, the accused must ‘knowingly and intelligently’ forego those relinquished benefits.” Faretta, 422 U.S. at 835 (quoting Johnson v. Zerbst, 304 U.S. 458, 464-65 (1938)); see Edwards, 128 S. Ct. at 2383 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Adams v. United States Ex Rel. McCann green
scotus · 1943
2 sentences

1979McCann, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed.2d 268 (1943), that the Sixth Amendment right to assistance of counsel implicitly embodies a ‘correlative right to dispense with a lawyer’s help.’ “In Faretta the Court wrote: “ ‘When an accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel.

1979McCann, 317 U.S. 269 , 63 S.Ct. 236 , 87 L.Ed.2d 268 (1943), that the Sixth Amendment right to assistance of counsel implicitly embodies a ‘correlative right to dispense with a lawyer’s help.’ “In Faretta the Court wrote: “ ‘When an accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel.

21977–1979
Godinez v. Moran green
scotus · 1993
2 sentences

2013These rights must be waived “(1) competently, [2] (2) knowingly and intelligently, and (3) voluntarily.” Collier, 959 S.W.2d at 625 (citing Godinez v. Moran, 509 U.S. 389, 400-01 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993); Faretta, 422 U.S. at 834-36 , 95 S.Ct. 2525 ).

2013These rights must be waived “(1) competently, [2] (2) knowingly and intelligently, and (3) voluntarily.” Collier, 959 S.W.2d at 625 (citing Godinez v. Moran, 509 U.S. 389, 400-01 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993); Faretta, 422 U.S. at 834-36 , 95 S.Ct. 2525 ).

12013–2013
Collier v. State green
texcrimapp · 1997
1 sentence

2013These rights must be waived “(1) competently, [2] (2) knowingly and intelligently, and (3) voluntarily.” Collier, 959 S.W.2d at 625 (citing Godinez v. Moran, 509 U.S. 389, 400-01 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993); Faretta, 422 U.S. at 834-36 , 95 S.Ct. 2525 ).

12013–2013
Oliver v. State green
texcrimapp · 1994
1 sentence

1999For this reason, in order to represent himself, the accused must “knowingly and intelligently” forgo those relinquished benefits. 3 In Oliver v. State, 872 S.W.2d 713 (Tex.Crim.App.1994) the Court of Criminal Appeals said, [I]t is essential that no criminal defendant be subjected to formal adversarial judicial proceedings without a lawyer unless there is a basis for concluding that he knowingly, voluntarily, and intelligently relinquished or abandoned his right to the assistance of counsel. 4 A waiver of the right to counsel will not be “lightly inferred,” and the courts will indulge every rea

11999–1999

Where else courts name it

TX 15 (1976–2019) AL 12 (1987–2011) OH 10 (1992–2022) CA 9 (1977–2025) IL 9 (1992–2021) MO 6 (2006–2016) IA 6 (1986–2024) MS 5 (2009–2014) MD 5 (1979–2010) SD 3 (1986–2025) CT 3 (1997–2014) AR 3 (1989–2016) IN 3 (1978–1988) FL 3 (1988–2006) ID 3 (1985–2025) NC 3 (2020–2026) NV 2 (2009–2017) WA 2 (1978–2015) KY 2 (2017–2020) MT 2 (1980–2022) SC 2 (2002–2007) LA 2 (2016–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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