Does a defendant have a waiver of the Sixth Amendment right to counsel against a sequestration order?

California, United States of America


The following excerpt is from People v. Melara, No. A154880 (Cal. App. 2019):

violation. (See Martin v. United States (D.C. 2010) 991 A.2d 791, 795-796 [waiver of the Sixth Amendment right to counsel cannot be inferred from mere failure by defendant to object to sequestration order; "[F]or aught that appears in the record, appellant and counsel (like the judge and the prosecutor) mistakenly believed [sequestration orders] to be appropriate when directed at testifying defendants too. Ignorance of one's rights is not to be equated with a valid waiver"].)

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