Topic: he knows what he is doing and his choice is made with eyes … · Go Syfert
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Topic #695

6 canonical passages across 4 cases, quoted by 323 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Faretta v. California.

#Case FlagCanonical passage Citers
1 Faretta v. California Anchor
scotus · 1975
green “he knows what he is doing and his choice is made with eyes open.” 115
2 Faretta v. California
scotus · 1975
green “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.” 87
3 Godinez v. Moran
scotus · 1993
green “the competence that is required of a defendant seeking to waive his right to counsel is the competence to waive the right, not the competence to represent himself.” 58
4 Faretta v. California
scotus · 1975
green “the sixth amendment does not provide merely that a defense shall be made for the accused; it grants to the accused personally the right to make his defense.” 54
5 Thornton v. State
ri · 2008
green “even when the de novo standard is applied to issues of constitutional dimension, we still accord a hearing justice's findings of historical fact, and inferences drawn from those facts, great deference in conducting our review.” 5
6 United States v. James Oreye
ca7 · 2001
green “if the judge exaggerates either the advantages of being represented or the disadvantages of self-representation, he will be accused of having put his thumb on the scale and prevented the defendant from making an informed choice.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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