Is a defendant's concurrence with counsel not to present a defense at the trial stage?

California, United States of America


The following excerpt is from People v. Frierson, 218 Cal.Rptr. 73, 39 Cal.3d 803, 705 P.2d 396 (Cal. 1985):

8 We emphasize that our holding rests on the fact that the record in this case expressly reflects a conflict between defendant and counsel over whether a defense was to be presented at the guilt/special circumstance stage. Because an attorney's authority to control the trial proceedings generally includes the power to decide when and if particular evidence should be introduced, there would ordinarily be no reason--in the absence of an explicit indication of a conflict--for a trial court to inquire into the defendant's concurrence with his attorney's actions. Thus, nothing in this opinion is intended to suggest that--in the absence of such an express conflict--a court is required to obtain an on-the-record, personal waiver from the defendant whenever defense counsel chooses to rest without putting on a defense. (Cf. Boykin v. Alabama (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274; In re Tahl (1969) 1 Cal.3d 122, 81 Cal.Rptr. 577, 460 P.2d 449.)

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