Skip to main content
· 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 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.