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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 CourtListener

Cited by

1,155 cases in this archive cite this case; the 20 most cited are listed.

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Von Moltke v. Gillies

6 other CourtListener records share this case name.

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.