(DOWNLOAD) "People v. Windham" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Windham
- Author : Supreme Court Of California
- Release Date : January 15, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[19 Cal3d Page 124] Contrary to an earlier conclusion reached by this court in People v. Sharp (1972) 7 Cal. 3d 448 [103 Cal. Rptr. 233, 499 P.2d 489], the United States Supreme Court has held that a defendant in a state criminal trial has a federal constitutional right to represent himself without counsel if he voluntarily and intelligently elects to do so. (Faretta v. California (1975) 422 U.S. 806 [45 L.Ed.2d 562, 95 S.Ct. 2525].) We are now called upon to determine how the high court's mandate will be implemented, specifically -- prior to what point during pending criminal proceedings must the constitutional right of self-representation be asserted if it is to be exercised? We conclude, for reasons which follow, that when a defendant has elected to proceed to trial represented by counsel and the trial has commenced, it is thereafter within the sound discretion of the trial court to determine whether such a defendant may dismiss counsel and proceed pro se.
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