· 6/8/1987
Joseph D. McMAHON P-7814, Appellant, v. Thomas FULCOMER, Superintendent
Citations
- 821 F.2d 934
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding the trial court failed to determine whether the defendant knowingly and intelligently waived his right of counsel with an awareness of the dangers and disadvantages inherent in defending himself
- “[W]e hold that the trial court failed properly to determine whether McMahon’s waiver of his sixth amendment right of counsel was knowing and intelligent.”
- “Even when the trial judge suspects that the defendant's contentions are disingenuous, and motives impure, a thorough and searching inquiry is required.”
- “Even when the trial judge suspects that the defendant’s contentions are disingenuous, and motives impure, a thorough and searching inquiry is required.”
- “Even when the trial judge suspects that the defendant's contentions are disingenuous, and motives impure, a thorough and searching inquiry is required.”
- district court violated defendant’s constitutional rights where it failed to engage in “any on-the-record inquiry as to the reasons for the defendant’s dissatisfaction with his existing attorney”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibbons, Mansmann, Katz
Read full opinion on CourtListenerSourced 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.