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

9 California opinions name it 2 courts 1977–2025 1 in the last five years

The cases below were cited by California 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 (5)

CaseFollowedCited
Faretta v. Californiagreen
scotus · 1975 · cited in 9 California opinions naming this issue, 1977–2025
2 sentences

1989Our highest court has cogently observed: “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.” (Faretta v. California, supra, 422 U.S. at p. 835 [ 45 L.Ed.2d at p. 581 ].) Moreover, virtually all of the tasks petitioner urges in support of his request for Keenan counsel—interviewing witnesses, including experts, aiding in obtaining his own expert witnesses, preparation of mitigating evidence at the penalty phase of the trial, assistance in challenging the special circumstance allegation—may

1989Our highest court has cogently observed: “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.” (Faretta v. California, supra, 422 U.S. at p. 835 [ 45 L.Ed.2d at p. 581 ].) Moreover, virtually all of the tasks petitioner urges in support of his request for Keenan counsel—interviewing witnesses, including experts, aiding in obtaining his own expert witnesses, preparation of mitigating evidence at the penalty phase of the trial, assistance in challenging the special circumstance allegation—may

49
People v. Boulwaregreen
calctapp · 1993 · cited in 2 California opinions naming this issue, 2020–2020
2 sentences

2020For this reason, in order to represent himself, the accused must ‘knowingly and intelligently’ forgo those relinquished benefits. [Citations.] Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self- representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” (Faretta, supra, 422 U.S. at 23 p. 835.) Pertinent to the instant case, a pro se defendant does not, however, have a

2020For this reason, in order to represent himself, the accused must ‘knowingly and intelligently’ forgo those relinquished benefits. [Citations.] Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self- representation, so that the record will establish that ‘he knows what he is doing and his choice is made with eyes open.’ ” (Faretta, supra, 422 U.S. at 23 p. 835.) Pertinent to the instant case, a pro se defendant does not, however, have a

22
People v. Hallgreen
calctapp · 1990 · cited in 2 California opinions naming this issue, 2020–2020
2 sentences

2020(People v. Hall (1990) 218 Cal.App.3d 1102, 1105 (Hall) [concluding a “knowing and intelligent waiver of the right to counsel is required before the criminal defendant is permitted to represent himself or herself”].) The constitutional requirement of a knowing and intelligent waiver of the right to counsel is designed for the protection of the criminal defendant: “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.

2020(People v. Hall (1990) 218 Cal.App.3d 1102, 1105 (Hall) [concluding a “knowing and intelligent waiver of the right to counsel is required before the criminal defendant is permitted to represent himself or herself”].) The constitutional requirement of a knowing and intelligent waiver of the right to counsel is designed for the protection of the criminal defendant: “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.

22
People v. Roblesgreen
cal · 1970 · cited in 1 California opinions naming this issue, 1977–1977
2 sentences

1977For this reason, in order to represent himself, the accused must ‘knowingly and intelli *990 gently’ forgo those relinquished benefits.” ( Faretta, supra, 422 U.S. 806, at p. 835 [ 45 L.Ed.2d 562 , atp. 581].) But even prior to the Faretta decision California law had declared that “[b]efore a defendant may be permitted to waive his right to counsel, the trial court must determine that he is competent to represent himself (People v. Williams, 2 Cal.3d 894, 908 (13) [ 88 Cal.Rptr. 208 , 471 P.2d 1008 ]) and has an intelligent conception of the consequences of his act (People v. Robles, 2 Cal.3d

1977For this reason, in order to represent himself, the accused must ‘knowingly and intelli *990 gently’ forgo those relinquished benefits.” ( Faretta, supra, 422 U.S. 806, at p. 835 [ 45 L.Ed.2d 562 , atp. 581].) But even prior to the Faretta decision California law had declared that “[b]efore a defendant may be permitted to waive his right to counsel, the trial court must determine that he is competent to represent himself (People v. Williams, 2 Cal.3d 894, 908 (13) [ 88 Cal.Rptr. 208 , 471 P.2d 1008 ]) and has an intelligent conception of the consequences of his act (People v. Robles, 2 Cal.3d

11
People v. Williamsgreen
cal · 1970 · cited in 1 California opinions naming this issue, 1977–1977
2 sentences

1977For this reason, in order to represent himself, the accused must ‘knowingly and intelli *990 gently’ forgo those relinquished benefits.” ( Faretta, supra, 422 U.S. 806, at p. 835 [ 45 L.Ed.2d 562 , atp. 581].) But even prior to the Faretta decision California law had declared that “[b]efore a defendant may be permitted to waive his right to counsel, the trial court must determine that he is competent to represent himself (People v. Williams, 2 Cal.3d 894, 908 (13) [ 88 Cal.Rptr. 208 , 471 P.2d 1008 ]) and has an intelligent conception of the consequences of his act (People v. Robles, 2 Cal.3d

1977For this reason, in order to represent himself, the accused must ‘knowingly and intelli *990 gently’ forgo those relinquished benefits.” ( Faretta, supra, 422 U.S. 806, at p. 835 [ 45 L.Ed.2d 562 , atp. 581].) But even prior to the Faretta decision California law had declared that “[b]efore a defendant may be permitted to waive his right to counsel, the trial court must determine that he is competent to represent himself (People v. Williams, 2 Cal.3d 894, 908 (13) [ 88 Cal.Rptr. 208 , 471 P.2d 1008 ]) and has an intelligent conception of the consequences of his act (People v. Robles, 2 Cal.3d

11

Distinguished, questioned or overruled (0)

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

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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