Patrick Glenn Goodwin v. Marion Spearman, Warden
DueProcess HabeasCorpus
Whether a trial court must obtain an on-the-record waiver of the right to testify in one's own defense
QUESTIONS PRESENTED 1. Whether and to what extent a trial court must obtain from a defendant an on-the-record waiver of the right to testify in his or her own defense, recognizing that the right is a fundamental constitutional right and waivers of these rights must be knowing and intelligent? 2. Whether the Ninth Circuit’s decision—that the state court was not objectively unreasonable in finding a valid waiver of the constitutional right to testify—conflicted with this Court’s caselaw requiring a knowing and intelligent waiver of a constitutional right, where Petitioner did not understand that he was waiving his right to testify in his own defense? pretix