How have courts dealt with cases where a defendant made a clear choice by making a statement contrary to his attorney?

California, United States of America


The following excerpt is from People v. Dickson, 167 Cal.App.3d 1047, 213 Cal.Rptr. 722 (Cal. App. 1985):

None of the cases cited by appellant have involved this type of clear choice by the defendant contrary to his attorney's advice. In Massiah v. [167 Cal.App.3d 1054] United States (1963) 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246, the defendant's statements were taken surreptitiously when he thought he was speaking confidentially to a confederate. In Brewer v. Williams (1976) 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 424, the defendant spoke out against the advice of counsel, but was reacting to a police officer's "Christian burial speech"--designed to play on his emotions. Appellant has not pointed out anything surreptitious or psychologically coercive in the police conduct here. The officers

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