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· 9/14/1992

Luther Cain v. Howard Peters and Roland Burris

Citations

  • 972 F.2d 748

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that waiver of the right to self-representation, after asserted, is a fact-specific issue and subject to a presumption of correctness
  • holding that a defendant can chose between the “equivalent” rights to court- appointed counsel and to self-representation, but that “the defendant is entitled to choose without a thumb on the scale”
  • stating that \~ 2254(d) is no less applicable to findings by appellate courts than to findings by trial courts\
  • petitioner “waived his [previously asserted] right to conduct his own defense by remaining mute when the court appointed a new lawyer for him and not raising the subject at trial”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Kanne, Wood

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.