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CA9: Farreta-Edwards waiver binding on defendants who were "fools" but not incompetent

By John Wesley Hall, Jr.

Defendants' Faretta hearing lasted "days" and resulted in defendants' self-representation which they insisted upon. After conviction they claimed error. It wasn't. "The record clearly shows that the defendants are fools, but that is not the same as being incompetent." "But the behavior of the defendants during the trial in this case, while occasionally wacky, was not disruptive or defiant. ... The defendants’ courtroom behavior, although eccentric at times, would not have justified, let alone required, the involuntary deprivation of their constitutional right to represent themselves." "They were examined by a psychiatrist and found to be fine. In the absence of any mental illness or uncontrollable behavior, they had the right to present their unorthodox defenses and argue their theories to the bitter end...continue to full post

Full post as published by Law Of Criminal Defense on July 07, 2010 (boomark / email).