Is a waiver of a defendant's right to testify a personal waiver of that right?

California, United States of America


The following excerpt is from People v. Villanueva, G047170 (Cal. App. 2013):

4. Defendant cites a series of federal circuit court cases holding, with some variation in language, that defendant's waiver of the right to testify must be knowing, voluntary, and intelligent. To the extent defendant cites those cases for the proposition that the court must take a personal waiver of the right to testify, we, of course, are bound by our own high court and not federal circuit courts. (People v. Williams (1997) 16 Cal.4th 153, 190.)

5. Defense counsel on appeal was not defendant's trial counsel.

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