No. 21-7328
Response WaivedIFP
Tags: circuit-split constitutional-right criminal-defendant criminal-procedure due-process judicial-canvassing probation-violation right-to-testify testimony-rights trial-court-duty waiver waiver-of-rights
Key Terms:
DueProcess Jurisdiction JusticiabilityDoctri
DueProcess Jurisdiction JusticiabilityDoctri
Latest Conference:
2022-04-29
Question Presented (AI Summary)
Should an affirmative duty be imposed on trial courts to canvass criminal defendants about their right to testify?
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW Should an affirmative duty be imposed on trial courts to canvass criminal defendants and | alleged probation violators about their constitutional right to testify, when: a.) the defendant does not ask to testify, and b.) the defendant does not declare he or she is waiving his or her right to testify, and c.) neither defense counsel nor the court nor the state make any on-therecord statements reflecting that the defendant understands that he or she has the right and that the decision to testify was solely theirs to make?
Docket Entries
2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-01
Waiver of right of respondent Connecticut to respond filed.
2022-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2022)
Attorneys
Connecticut
Sarah Hanna — Chief States Attorney Office - Appeallate Bureau, Respondent
Glen S.
Conrad Ost Seifert — Seifert & Hogan, Petitioner