· 1/10/2006
Samuel King v. David Bobby, Warden
Citations
- 433 F.3d 483
- 2006 U.S. App. LEXIS 478
- 2006 WL 44220
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the petitioner chose to represent himself by rejecting the trial court’s other options of proceeding with current counsel or hiring new counsel
- noting that plea negotiations are a critical stage of criminal proceedings
- noting that plea negotiations are a critical stage of criminal proceedings
- “Plea negotiations, guilty plea hearings, and sentencing hearings are all ‘critical stages’ at which the right to counsel attaches.”
- ‘'When a waiver is deemed ineffective — i.e., not knowing, intelligent, and voluntary — there is no harmless error review, and the conviction must be vacated and the case remanded for a new trial.”
- “[I]t is a reasonable application of Faretta and Von Moltke to look at the whole record, not just the colloquy immediately before the signing of the waiver, to determine if it was knowing and intelligently entered.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Guy, Gibbons, Edmunds
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.