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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.