Legal Opinion
Robert L. Tatum v. Brian Foster
Court of Appeals for the Seventh Circuit
Decided January 31, 2017No. 14-3343PublishedCited by 15 opinions
1Opinion of the Court
WOOD, Chief Judge.
Although the Sixth Amendment to the U.S. Constitution gives every criminal defendant the right “to have the Assistance of Counsel for his defence,” the Supreme Court has recognized for more than 40 years that this does not mean that counsel can be shoved down an unwilling defendant’s throat. At least since the Court decided Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), the constitutional language has been understood as a personal right to decide how to defend oneself. “[T]he right to self-representation,” Faretta pror claimed, “is thus…
2Cases cited12 opinions
- Harrington v. RichterSupreme Court of the United States · 2011
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Dusky v. United StatesSupreme Court of the United States · 1960
- Godinez v. MoranSupreme Court of the United States · 1993
- Brown v. PaytonSupreme Court of the United States · 2005
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rodney Washington v. Gary BoughtonCourt of Appeals for the Seventh Circuit · 2018
- Andrew Jackson v. Byran BartowCourt of Appeals for the Seventh Circuit · 2019
- James Freeman v. Guy PierceCourt of Appeals for the Seventh Circuit · 2017
- United States v. Kurt JohnsonCourt of Appeals for the Seventh Circuit · 2020
- United States v. Tyron OffuttCourt of Appeals for the Seventh Circuit · 2024
10 more not listed; retrieve them via the Exa API.