What is the test for a waiver of counsel in a criminal case?
MultiRegion, United States of America
The following excerpt is from Wright v. Dickson, 336 F.2d 878 (9th Cir. 1964):
Under the rule of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), appellant's constitutional rights were likewise violated if, as he alleges, he was not accorded and did not waive assistance of counsel at his arraignment and sentencing.8 It would make no difference whether appellant requested counsel or that he pleaded guilty except, again, as these facts might be relevant to the issue of waiver.9
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