What is the state of the law on waiver of a defendant's right to testify at trial?

19 The majority apparently believes that the existence of Federal Rule of Criminal Procedure 32(a) should mute our concern over inadequate waiver. Rule 32(a)(1)(C) requires the trial court before imposing sentence to "address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment." While the existence of the Rule provides some participatory outlet for the accused, it is clearly an inadequate remedy for violation of the right to testify. The right to testify is principally a trial right, providing the defendant with an opportunity to rebut his accuser and to influence the "subjective and elusive" judgments of the jury on the question of guilt or innocence. Providing counsel only at the post-conviction stage is too little, too late. Post-conviction statements are similarly a wholly inadequate substitute for the right to testify at trial. See, e.g., Rock v. Arkansas, 483 U.S. 44, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987).