When will a judge issue a waiver warning to a defendant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Martinez, 883 F.2d 750 (9th Cir. 1989):

Fourth, my colleagues suggest that warnings would "interfere" with the attorney-client relationship. Trial court waiver inquiries, however, have never created a problem with respect to the right to counsel, plea bargaining, jury trial or any of the other fundamental and personal rights protected under Johnson v. Zerbst. Fifth, "there is danger that the judge's admonition would introduce error into the trial." Maj. op. at 760. Although I am not entirely clear what the statement means, at the very least a fair inquiry would diminish the possibility of error by building a strong evidentiary basis for the trial court's rulings. Sixth, the majority expresses some doubt about when the trial court should question the defendant. However, contrary to the majority's suggestion, the moment when the defense rests is a perfectly appropriate--as well as an administratively convenient--time to conduct the colloquy. Seventh, "the judge should not interfere with defense strategy." The defense strategy, in regards to the decision to testify, is ultimately shaped by the defendant. The discussion between trial court and defendant would assist, not interfere with, that decision by insuring that the defendant was properly informed. Although this brief discussion serves only as a brief outline of the arguments against the majority's claims, it should be clear that the majority's picture of administrative collapse is badly distorted.

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