Autonomy of Defendant

Question 1

can ∆ waive right to counsel

Answer 1

yes, but court can appoint standby counsel for pro se. also he can’t be disruptive

Question 2

what if ∆ wants to file a frivolous brief

Answer 2

Counsel can refuse, but must identify helpful authority for court (Anders brief)

Question 3

what are the requirements to waive counsel

Answer 3

∆ must be
- competent (general cognitive ability)
- intelligent (understands consequences)
- voluntary

Question 4

can states set higher standards for competency if they want to

Answer 4

sure

Question 5

what if ∆ has retained his own counsel

Answer 5

then ∆ has right to counsel of his choosing , and if court doesn’t let him choose, then that’s an automatic new trial

Question 6

what are the limits to retaining counsel of own choice

Answer 6

• can’t if you need appointed obviously
• unlicensed attorney
• must comply with court’s reasonable scheduling
• can’t pay with ill gotten gains