State v. Russ

This case presents the question of whether our state constitution’s guaranty of the right to testify in one’s own behalf requires a court to conduct a colloquy on the record to establish the accused’s waiver of that right. Also at issue is whether the Persistent Offender Accountability Act (POAA) violates the International Covenant on Civil and Political Rights.

We hold that there is no requirement of a colloquy on the record to protect the state constitutional right to testify in one’s behalf. Moreover, the POAA does not violate the International Covenant on Civil and Political Rights. We…