· 5/30/1989
Benjamin Adams v. Midge Carroll, Warden
Citations
- 875 F.2d 1441
- 1989 U.S. App. LEXIS 7539
- 1989 WL 55743
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant’s request to represent himself was not equivocal even though he stated that he would do so only as a last resort to avoid being represented by a particular appointed attorney
- noting that a defendant’s choice was unequivocal because he “took one position and stuck to it”
- noting that “occasional musings on the benefits of self-representation” do not invoke the right to self-representation
- concluding that, because defendants normally give up more than they gain when electing self-representation, courts must be reasonably certain a defendant actually wishes to self-represent; a defendant who equivocates “is presumed to have requested the assistance of counsel”
- concluding the request was unequivocal
- defendant’s request to proceed pro se unequivocal when he persisted in choosing to represent himself rather than rely on counsel whom he mistrusted
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Kozinski, Muecke
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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