Is a defendant's waiver of their right to testify voluntary or not?
MultiRegion, United States of America
The following excerpt is from US v. Pino-Noriega, 189 F.3d 1089 (9th Cir. 1999):
However, while waiver of the right to testify must be knowing and voluntary, it need not be explicit. See id. A defendant is "presumed to assent to his attorney's tactical decision not to have him testify." Id. The district court has no duty to affirmatively inform defendants of their right to testify, or to inquire whether they wish to exercise that right. United States v. Edwards, 897 F.2d 445, 447 (9th Cir.
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