State Minnesota v. Franklin Delano Jones Book Reviews

State Minnesota v. Franklin Delano Jones by En Banc Supreme Court of Missouri Book Summary

Although a defendant generally has a right to waive counsel and proceed pro se at trial, a defendants waiver of counsel should not be accepted until he has been encouraged and given the opportunity to consult with counsel about the advisability of waiving counsel and until the court has thoroughly inquired on the record to ensure that the waiver is knowing, intelligent, and voluntary. Held, although the trial court should have inquired of defendant more thoroughly about his understanding of the risks of proceeding without counsel, we are satisfied that defendants waiver was knowing, voluntary, and intelligent because (a) defendant consulted with counsel before deciding to waive counsel, (b) standby counsel was appointed and assisted defendant during the trial, and (c) there is nothing in the record on appeal to suggest that defendants waiver would not have been acceptable if the trial court had discussed the matter more thoroughly with defendant.

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State Minnesota v. Franklin Delano Jones (En Banc Supreme Court of Missouri) Book Reviews 2024

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