Faretta inquiry (Iowa) · Go Syfert
← Iowa issues

Faretta inquiry in Iowa

5 Iowa opinions name it 2 courts 1980–2025 3 in the last five years

The cases below were cited by Iowa 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
State of Iowa v. James Allen Wehrgreen
iowactapp · 2014 · cited in 1 Iowa opinions naming this issue, 2025–2025
2 sentences

2025The defendant must ‘voluntarily and intelligently’ elect to conduct his own defense and most courts require him to do so in a timely manner.” State v. Wehr, 852 N.W.2d 495, 499 (Iowa Ct. App. 2014) (quoting Martinez v. Court of Appeal of Cal., 528 U.S. 152 , 161–62 (2000)). “[T]he purpose of a Faretta inquiry is to establish a defendant 3 in a colloquy with Smith and then granted his request to represent himself but with stand-by counsel.

2025The defendant must ‘voluntarily and intelligently’ elect to conduct his own defense and most courts require him to do so in a timely manner.” State v. Wehr, 852 N.W.2d 495, 499 (Iowa Ct. App. 2014) (quoting Martinez v. Court of Appeal of Cal., 528 U.S. 152 , 161–62 (2000)). “[T]he purpose of a Faretta inquiry is to establish a defendant 3 in a colloquy with Smith and then granted his request to represent himself but with stand-by counsel.

11
United States v. Bradley Pruchagreen
ca8 · 2017 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021Burgdorf claims the district court’s colloquy in case No. SRCR030282 was “non-existent” and argues “[a]t a minimum, some type of Faretta inquiry should have been made as to Burgdorf’s request for self-representation.” We believe the circumstances surrounding Burgdorf’s request make the district court’s actions sufficient to find no error. “[T]he right to self-representation is not absolute.” United States v. Harlan, 960 F.3d 1089, 1093 (8th Cir. 2020) (quoting United States v. Prucha, 856 F.3d 1184, 1187 (8th Cir. 2017)).

11
United States v. Roman Harlangreen
ca8 · 2020 · cited in 1 Iowa opinions naming this issue, 2021–2021
1 sentence

2021Burgdorf claims the district court’s colloquy in case No. SRCR030282 was “non-existent” and argues “[a]t a minimum, some type of Faretta inquiry should have been made as to Burgdorf’s request for self-representation.” We believe the circumstances surrounding Burgdorf’s request make the district court’s actions sufficient to find no error. “[T]he right to self-representation is not absolute.” United States v. Harlan, 960 F.3d 1089, 1093 (8th Cir. 2020) (quoting United States v. Prucha, 856 F.3d 1184, 1187 (8th Cir. 2017)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Martinez v. Court of Appeal of California, Fourth Appellate District green
scotus · 2000
2 sentences

2025The defendant must ‘voluntarily and intelligently’ elect to conduct his own defense and most courts require him to do so in a timely manner.” State v. Wehr, 852 N.W.2d 495, 499 (Iowa Ct. App. 2014) (quoting Martinez v. Court of Appeal of Cal., 528 U.S. 152 , 161–62 (2000)). “[T]he purpose of a Faretta inquiry is to establish a defendant 3 in a colloquy with Smith and then granted his request to represent himself but with stand-by counsel.

2025The defendant must ‘voluntarily and intelligently’ elect to conduct his own defense and most courts require him to do so in a timely manner.” State v. Wehr, 852 N.W.2d 495, 499 (Iowa Ct. App. 2014) (quoting Martinez v. Court of Appeal of Cal., 528 U.S. 152 , 161–62 (2000)). “[T]he purpose of a Faretta inquiry is to establish a defendant 3 in a colloquy with Smith and then granted his request to represent himself but with stand-by counsel.

12025–2025
State v. Cooley green
iowa · 2000
2 sentences

2024The State’s argument blurs the line between Willform’s “mental ability to understand the proceedings” which is the focus of a competency hearing, and the Faretta inquiry, which is necessary “to establish a defendant actually understands the significance and consequences of an uncoerced decision to proceed pro se.” See Cooley, 608 N.W.2d at 17 .

2024The State’s argument blurs the line between Willform’s “mental ability to understand the proceedings” which is the focus of a competency hearing, and the Faretta inquiry, which is necessary “to establish a defendant actually understands the significance and consequences of an uncoerced decision to proceed pro se.” See Cooley, 608 N.W.2d at 17 .

12024–2024
Hannan v. State green
iowa · 2007
1 sentence

2021“The surrounding circumstances will determine the sufficiency of a colloquy.” Hannan, 732 N.W.2d at 53 .

12021–2021
Godinez v. Moran green
scotus · 1993
2 sentences

2000Godinez, 509 U.S. at 401 n. 12, 113 S.Ct. at 2687 n. 12, 125 L.Ed.2d at 333 n. 12.

2000Godinez, 509 U.S. at 401 n. 12, 113 S.Ct. at 2687 n. 12, 125 L.Ed.2d at 333 n. 12.

12000–2000
McDowell v. United States green
scotus · 1988
2 sentences

2000See McDowell v. United States, 484 U.S. 980 , 108 S.Ct. 478 , 98 L.Ed.2d 492 (1987) (White, J. dissenting in the Court’s denial of certiorari).

2000See McDowell v. United States, 484 U.S. 980 , 108 S.Ct. 478 , 98 L.Ed.2d 492 (1987) (White, J. dissenting in the Court’s denial of certiorari).

12000–2000
Rawlings v. United States green
scotus · 1987
2 sentences

2000See McDowell v. United States, 484 U.S. 980 , 108 S.Ct. 478 , 98 L.Ed.2d 492 (1987) (White, J. dissenting in the Court’s denial of certiorari).

2000See McDowell v. United States, 484 U.S. 980 , 108 S.Ct. 478 , 98 L.Ed.2d 492 (1987) (White, J. dissenting in the Court’s denial of certiorari).

12000–2000
Faretta v. California green
scotus · 1975
2 sentences

1980The Supreme Court noted that Faretta’s request to act as co-counsel had been rejected and that “[tjhroughout the subsequent trial, the judge required that Faretta’s defense be conducted only through the appointed lawyer from the public defender’s office.” 422 *208 U.S. at 810-11, 95 S.Ct. at 2529 , 45 L.Ed.2d at 568 .

1980The Supreme Court noted that Faretta’s request to act as co-counsel had been rejected and that “[tjhroughout the subsequent trial, the judge required that Faretta’s defense be conducted only through the appointed lawyer from the public defender’s office.” 422 *208 U.S. at 810-11, 95 S.Ct. at 2529 , 45 L.Ed.2d at 568 .

11980–1980

Where else courts name it

CA 450 (1976–2026) FL 199 (1984–2026) TX 77 (1982–2026) KY 40 (2004–2026) GA 36 (1990–2026) MO 20 (2010–2025) LA 18 (1980–2024) ID 17 (2004–2025) SC 16 (1991–2026) NJ 13 (1990–2022) WA 10 (1984–2018) AL 9 (1986–2018) MT 7 (2004–2024) OH 7 (2002–2026) NV 7 (1982–2025) ND 5 (1998–2011) MI 5 (1976–2016) CT 5 (2017–2025) AR 5 (2012–2020) IA 5 (1980–2025) AZ 4 (2009–2024) DE 4 (2016–2023) PA 4 (2005–2015) MN 3 (2009–2012) WV 3 (1993–2005) WY 3 (2000–2025) NM 3 (1986–2017) OK 3 (2018–2019) WI 3 (1980–1987) VA 3 (2000–2012) NH 2 (2011–2025) MD 2 (1987–1996) ME 2 (2006–2014) SD 2 (1992–2025) TN 2 (2005–2006) RI 2 (1997–2002)

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.

← Caselaw search · G Cite Topics · Brief Check