Scott Ray Bishop v. United States
HabeasCorpus JusticiabilityDoctri
Whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues to require courts to apply 'every reasonable presumption' against such a waiver
QUESTION PRESENTED In Von Moltke v. Gillies, this Court laid out a series of advisements that a defendant must understand before a waiver of the Sixth Amendment right to counsel can be deemed knowing and intelligent. 332 U.S. 708, 724 (1948). Additionally, in Johnson v. Zerbst, this Court held that all courts must “indulge every reasonable presumption against waiver” of Sixth Amendment rights. 304 U.S. 458, 464 (1938). The questions presented in this case are whether the Von Moltke advisements remain prerequisites for a knowing and intelligent waiver of the right to counsel and whether this Court continues to require courts to apply “every reasonable presumption” against such a waiver. il