· 11/20/1945
Wm. A. Foster & Co. v. United States
Citations
- 15 Cust. Ct. 459
- 1945 Cust. Ct. LEXIS 1077
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 defendant did not understand the risks of self-representation because, among other things, the defendant “did not have the benefit of representation for any portion of his trial”
- holding that a waiver of the right to counsel can be implied through a defendant’s conduct if the conduct conveyed the defendant’s intention to proceed in court without counsel
- concluding that the defendant did not understand the risks of self-representation because, among other things, the trial court did not “warn [the] defendant of the specific disadvantages of representing himself or that self-representation would be unwise or detrimental to his case”
- explaining that, for waiver of right to be intelligent, a defendant must have knowledge and understanding of that right
- “[I]n order for the advance warning requirement to be meaningful, a defendant must understand the risks and disadvantages of self-representation before he engages in the additional misconduct that forms the predicate for a finding of implied waiver.” (Emphasis in original.)
Source: CourtListener parenthetical corpus (CC0).
Judges: Kincheloe, Lawrence, Tilson
Read full opinion on CourtListenerSourced 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.