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Nonconsensual Waiver Of A Jury Trial: Closing The Door, But Not Completely: United States V. United States District Court, Dije Ndreu
Golden Gate University Law Review
In United States v. United States District Court, the Ninth Circuit held that the circumstances of a child sexual abuse case did not warrant an exception to Rule 23 of the Federal Rules of Criminal Procedure, which requires the government's consent for a defendant to waive a jury trial. The court determined that the district court's ruling, which allowed the defendant to waive a jury trial without the government's consent, was clearly erroneous as a matter of law, and granted the government's petition for a writ of mandamus to require the district court to hold a jury trial.
Exercising The Right To Self-Representation In United States V. Farhad: Issues In Waiving A Criminal Defendant's Sixth Amendment Right To Counsel, Kenneth R. Sogabe
Exercising The Right To Self-Representation In United States V. Farhad: Issues In Waiving A Criminal Defendant's Sixth Amendment Right To Counsel, Kenneth R. Sogabe
Golden Gate University Law Review
Though all U.S. courts recognize the right to self-representation as a result of the Supreme Court's decision in Faretta, constitutional and procedural issues affect its effective implementation. This note explores the Sixth Amendment's right to waive counsel and its effect on a criminal defendant's Fifth Amendment right to receive a fair trial. The Ninth Circuit's decision in Farhad is critiqued on two issues: first, the failure to address standby counsel in sharing duties of representation with the defendant; and second, the court's failure to address Farhad's lack of access to the means of developing his case. Lastly, this note proposes …