Whether the Constitution requires a canvass on the right to testify

QUESTIONS PRESENTED In Rock v. Arkansas, 483 U.S. 44, 52 (1987), this Court described the right to testify as a constitutional right that is “[e]ven more fundamental to a personal defense than the right of .. .” Since then, lower courts have interpreted Rock to imply that the decision whether to testify is personal to the defendant. This Court also has held that a waiver of a fundamental constitutional right must be knowing, intelligent, and voluntary. Johnson v. Zerbst, 304 U.S. 458, 464 (1938). Courts “indulge every reasonable presumption against waiver of fundamental constitutional rights and... do not presume acquiescence in the loss of fundamental rights.” (Footnotes omitted; internal quotation marks omitted) Id. The questions presented, on which lower courts are divided, are: 1. Do the Fifth, Sixth, and Fourteenth Amendments require a canvass of the defendant prior to a constitutionally valid waiver of the fundamental, personal right to testify? 2. Isa constitutionally invalid waiver of the right to testify structural error requiring reversal, or subject to the constitutional harmless error inquiry? i