Supreme Court· 1/19/1948
Von Moltke v. Gillies
Citations
- 332 U.S. 708
- 68 S. Ct. 316
- 92 L. Ed. 2d 309
- 1948 U.S. LEXIS 2618
- 92 L. Ed. 309
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 trial court’s cursory examination of the defendant followed by the defendant’s signing of a standard waiver form was inadequate under the circumstances to show a valid waiver
- concluding that the trial court's cursory examination of the defendant followed by the defendant's signing of a standard waiver form was inadequate under the circumstances to show a valid waiver
- holding that, because the district court failed to conduct an in-depth colloquy to ensure the defendant’s waiver of his right to counsel was knowing and voluntary, his Sixth Amendment right to representation was violated
- noting that in determining whether a defendant’s waiver of counsel is knowing and voluntary, “a judge must investigate as long and as thoroughly as the circumstances of the case before him demand”
- explaining that “a judge must . . . make certain that an accused’s professed waiver of counsel is understandingly and wisely made [through] a penetrating and comprehensive examination of all the circumstances”
- vacating denial of habeas petition and remanding for the district court to “make explicit findings” on issues relating to petitioner’s representation by counsel (majority opinion
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Burton
Read full opinion on CourtListenerOther cases named Von Moltke v. Gillies
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