Legal Opinion
United States v. Hodges
Court of Appeals for the Fifth Circuit
Decided August 11, 2006No. 05-60138PublishedCited by 22 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This appeal requires us to decide, for the first time, what requirements must be satisfied for a person on supervised release to waive his right to counsel in a revocation proceeding under Federal Rule ' of Criminal Procedure 32.1(b)(2). Following the First and Seventh Circuits, we hold that, although the waiver need not meet the formal requirements required by the Sixth Amendment, the waiver must be knowing and voluntary as demonstrated either through a colloquy with the district court, or by the totality of the circumstances, or both. We hold that the totality…
2Cases cited14 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- United States v. George A. PelenskyCourt of Appeals for the Second Circuit · 1997
- Enoch F. McQueen Jr. v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. Christopher BoultinghouseCourt of Appeals for the Seventh Circuit · 2015
- United States v. Dylann RoofCourt of Appeals for the Fourth Circuit · 2021
- United States v. MinnittCourt of Appeals for the Fifth Circuit · 2010
- United States v. Donald MeltonCourt of Appeals for the Sixth Circuit · 2015
- United States v. Mark Manuel, Jr.Court of Appeals for the Third Circuit · 2013
17 more not listed; retrieve them via the Exa API.