| United States - 1945 - 712 páginas
...an intelligent and competent waiver by the accused. While an accused may waive the right to counsel, whether there is a proper waiver should be clearly...for that determination to appear upon the record." (Jnhtmnn T. Zerbat. 304 US 458, 465, Hay 23, 1938. See also Buokner v. Hudspeth. 105 F.'2d 396, 397,... | |
| United States. Congress. Senate. Committee on the Judiciary - 1963 - 468 páginas
...trial judge of determining whether there is an intelligent and competent waiver by the accused. * * * and it would be fitting and appropriate for that determination to appear upon the record." The historic decision of Powell v. Alabama (287 US 45—1932) partially bridged the gap between the... | |
| United States. Congress. House. Committee on the Judiciary - 1976 - 1086 páginas
...circumstances surrounding that case, including the background, experience, and conduct of the accused . . . and it would be fitting and appropriate for that determination to appear upon the record." Waiver by silence or by failure to assert the right is a particularly pernicious practice when applied... | |
| United States. Congress. House. Select Committee on Assassinations - 1979 - 1514 páginas
...counsel but the effective assistance of counsel, assistance, untrammeled and unimpaired by ... requiring that one lawyer shall simultaneously represent conflicting...brought home to the court. Further, the court found that " (i) rrespective of any conflict of interest the additional burden of representing another party may... | |
| Michael A. Cretacci - 2008 - 434 páginas
...an intelligent and competent waiver by the accused. While an accused may waive the right to counsel, whether there is a proper waiver should be clearly...for that determination to appear upon the record." 7. Right to Counsel in State Court a. Appointed Counsel and Due Process Gideon v. Wainwright, 372 US... | |
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