Victor Luna v. Charles Black, Warden

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 district court did not abuse its discretion by not appointing an interpreter where the record indicated that the defendant could communicate in English and the defendant had not requested an interpreter
• finding that a defendant did not have a language difficulty significant enough to require an interpreter when, other than having some syntactical errors, his testimony was “very responsive” and “indicative of [his] ability to speak and understand English.”
• approving the trial court’s implicit overruling of an objection related to the admission of records
• where records of prior convictions show defendant was not represented by counsel at all critical stages of prior proceedings, burden shifts to state to prove defendant was represented
• where records of prior convictions show defendant was not represented by counsel at all critical stages of prior proceedings, burden shifts to state to prove defendant was represented
• if the record is silent on whether defendant had counsel and defendant presents evidence tending to show that he or she was not represented, the burden of proof regarding the validity of prior convictions shifts to the state

Source: CourtListener parenthetical corpus (CC0).