Trial Competency, Waiver Counsel and Pro Se Representation Explored: Confusing Result in Fourth Circuit
Author: Fred Cohen .
Source: Volume 16, Number 01, May/June 2014 , pp.7-8(2)
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Abstract:
A defendant appeals the district court’s decision allowing him to represent himself at trial despite his questionable mental capacity. He contends that the Supreme Court’s decision in Indiana v. Edwards, established the broad legal principle that once a borderline competent defendant seeks to represent himself at trial, the district court must conduct an additional inquiry and hold the defendant to a higher standard of competency than that required to stand trial.Keywords: Faretta v. California; United States v. Bernard; Indiana v. Edwards; mental capacity; ability to assist counsel
Affiliations:
1: Executive Editor.