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· 4/27/1987

United States v. William Stewart McDowell

Citations

  • 814 F.2d 245

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 failure to give a prophylactic warning or conduct a particular inquiry alone does not require reversal if the record indicates that the defendant had the requisite knowledge
  • stating that judge's duty is to ensure that the right to represent oneself \be asserted by the accused with his 'eyes open'\
  • recognizing “that the degree of competency required to waive counsel is ‘vaguely higher’ than the competency required to stand trial”
  • requiring that district courts use the model inquiry or “one covering the same substantive points” on the record to determine whether a defendant’s waiver is knowing and intelligent
  • adopting the procedure laid out in the Bench Book as a model inquiry to be undertaken by trial judges
  • reprinting model questions to pose to a criminal defendant who wants to proceed pro se from the Bench Book for United States District Judges 1.02-2 to -5 (3d ed. 1986)

Source: CourtListener parenthetical corpus (CC0).

Judges: Engel, Jones, Edwards

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.