Iowa v. Tovar

4 Citing briefs

  1. PEOPLE v. DANIELS (DAVID SCOTT)

    Respondent’s Brief

    Filed August 30, 2012

    “[T]he information a defendant musthave to waive counselintelligently will ‘depend, in each case, upon the particular facts and circumstances surroundingthat case.””, (Iowa vy. Tovar (2004) 541 U.S. 77, 92.) C. Discussion “A defendantin a criminal case possesses two constitutionalrights with respect to representation that are mutually exclusive. A defendant has 49 the right to be represented by counselat all critical stages of a criminal prosecution.

  2. PEOPLE v. BURGENER (MICHAEL RAY)

    Appellant’s Opening Brief

    Filed March 22, 2012

    Furthermore, the scope of a proper advisement of the right to counsel dependson the particular | facts and circumstancesof the case as well as the stage of the proceedings. (lowa v. Tovar (2004) 541 U.S. 77, 88; Burgener IV, supra, 46 Cal.4th at p. 242.) However, at a minimum, a waiver of the right to counsel cannot : ~ withstand constitutional scrutiny under the Sixth and Fourteenth 27 Amendments unlessit is preceded by an inquiry and findingsbythetrial court that the defendant was both competent to standtrial and thathis decision to forgo the assistance of counsel was both knowingand voluntary. (Godinez v. Moran (1993) 509 U.S. 389, 400-401.)

  3. USA v. Roof

    Memorandum of Law on Self-Representation in re document 666

    Filed November 28, 2016

    2:15-cr-00472-RMG Date Filed 11/28/16 Entry Number 668 Page 1 of 7 2 “prescribed any formula or script to be read to a defendant who states that he elects to proceed without counsel.” Iowa v. Tovar, 541 U.S. 77, 88 (2004); Spates v. Clarke, 547 Fed. Appx 289, 293 (4th Cir.2013). The defendant must only “be made aware of the dangers and disadvantages of self-representation” such that “he knows what he is doing and his choice is made with eyes open.”

  4. United States Securities and Exchange Commission v. Ahmed et al

    Memorandum in Opposition re MOTION for Release of Funds /Modification of the Asset Freeze Order to Release Additional Funds for Payment of Fees in Criminal Matter

    Filed July 28, 2016

    # 191] at 9 (“The Sixth Amendment guarantees to an accused facing incarceration the right to counsel at all critical stages of the criminal process.”) (citing Iowa v. Tovar, 541 U.S. 77, 80–81 (2004)). At present, Ms. Ahmed is neither accused nor facing incarceration.