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Implicit Waiver of Counsel at Trial

By Bill Theis

United States v. Glen Murphy, No. 06-1309 (December 8, 2006): This opinion suggests that a defendant can impliedly waive the right to be represented by counsel. Mr. Murphy was appointed counsel, but then successfully moved to discharge him. He interviewed several attorneys as potentially retained counsel, one of whom rejected the case since the retainer being offered was $20.00. Nine months after arraignment, the judge started the trial with Mr. Murphy representing himself. It does not appear from the opinion that the judge ever told Mr. Murphy that a firm trial date was being set and gave him advance warning that, if he had not secured counsel by that date, he would be representing himself.The opinion focuses on a district judge?s right to make a determination of a defendant?s entitlement to appointed counsel...continue to full post

Full post as published by Seventh Circuit Blog on December 08, 2006 (boomark / email).