United States v. Lionel Ortiz

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 trial court has no duty to sua sponte conduct an on-the-record colloquy regarding defendant's waiver of the right to testify, but the situation may arise where it should do so
• stating that the defendant’s silence creates a rebuttable presumption that he exercised his right knowingly and intelligently
• “Nothing in the trial record gave the district court any reason to doubt Ortiz’ counsel’s representation” that the defendant made an informed decision not to testify.
• noting the agreement of the First, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits that the trial court does not have a duty to sua sponte conduct an on-the-record colloquy regarding waiver
• noting the agreement of the First, Third, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits that the trial court does not have a duty to sua sponte conduct an on-the-record colloquy regarding waiver
• observing “the impracticability of placing a burden on a defendant to assert a right of which he might not be aware or to do so in contravention of the court’s instructions that the defendant speak to the court through counsel”

Source: CourtListener parenthetical corpus (CC0).