Legal Opinion · Dissent

Swain v. State

Court of Criminal Appeals of Alabama

Decided September 5, 2014No. CR-12-1389Published

1DissentJoiner, Judge

John Swain appeals his conviction for sexual abuse of a child less than 12 years old, see § 13A-6-69.1, Ala.Code 1975, and his resulting sentence of 15 years’ imprisonment.1

On appeal, Swain argues, in part, that the circuit court “erred by denying [him] his Sixth Amendment constitutional right to counsel” (Swain’s brief, p. 2), because, he says, although he

“is cognizant that he might have waived his right to counsel[,] ... his actions and the record do not support such a contention and any perceived waiver was certainly not knowing, intelligent[,] and voluntary.” 2

(Swain’s brief, pp. 8-9.) To…

2Cases cited34 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  4. Von Moltke v. GilliesSupreme Court of the United States · 1948
  5. Custis v. United StatesSupreme Court of the United States · 1994

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