California, United States of America
The following excerpt is from People v. Enciso, H036459 (Cal. App. 2011):
"An attorney undoubtedly has a duty to consult with the client regarding 'important decisions,' including questions of overarching defense strategy. [Citation.] That obligation, however, does not require counsel to obtain the defendant's consent to 'every tactical decision.' [Citation.] But certain decisions regarding the exercise or waiver of basic trial rights are of such moment that they cannot be made for the defendant by a surrogate. A defendant, [the United States Supreme Court] affirmed, has 'the ultimate authority' to determine 'whether to plead guilty, waive a jury, testify in his or her own behalf, or take an appeal.' [Citations.] Concerning those decisions, an attorney must both consult with the defendant and obtain consent to the recommended course of action." (Florida v. Nixon (2004) 543 U.S. 175, 187.)
"A defendant in a criminal case has the right to testify in his or her own behalf. [Citations.] The defendant may exercise the right to testify over the objection of, and contrary to the advice of, defense counsel [Citations.]" (People v. Bradford (1997) 15 Cal.4th 1229, 1332.) "With respect to defendant's asserted desire to testify at trial, we are guided by well settled rules: ' "Every criminal defendant is privileged to testify in his own defense, or to refuse to do so." [Citation.] The defendant's "absolute right not to be called as a witness and not to testify" arises from the Fifth Amendment to the United States Constitution and article I, section 15 of the California Constitution. [Citation.]
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