Thursday, August 16, 2012

Waiver of right to testify

Here is a petition for writ of certiorari filed seeking review of State v. Anderson, No. 99,123 (Kan. May 11, 2012).  We sought review on the issue of whether a state trial court should get a knowing and voluntary waiver of the right to testify on the record.  As noted in the petition, there is a split of authority on that question.  We more frequently see short colloquys on the record in cases, so it certainly wouldn't be a hardship if the SCOTUS made it clear that the right to testify can only be waived like other personal trial rights.  Thanks to Washburn student intern Aarika Wellnitz for help on this petition.

[Update: the SCOTUS requested that the state file a response in this case.  It is due on October 11, 2012.]

[Further update: the SCOTUS denied the cert petition without comment on October 29, 2012.]

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