· 3/30/2004
United States v. James Thomas McBride
Citations
- 362 F.3d 360
- 93 A.F.T.R.2d (RIA) 1536
- 2004 U.S. App. LEXIS 5825
- 2004 WL 613061
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant had successfully invoked the right to self-representation where he knowingly and intelligently waived the right to counsel
- holding that the district court committed no plain error in not performing a second colloquy at sentencing where defendant waived the right to counsel at trial and forbade standby counsel from speaking on his behalf at sentencing
- noting that whether plain error or de novo review applies to challenges to a Faretta waiver remains an open question
- noting that whether plain error or de novo review applies to challenges to a Faretta waiver remains an open question
- observing an intra-circuit conflict but stating that other circuits “uniformly apply a de novo standard of review”
- noting the open question of whether plain error or de novo review applies to challenges to a Faretta waiver
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Gilman, Rogers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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