United States v. James David Kimmel

I concur in the opinion of the majority insofar as it holds (1) that Kimmel did not receive the benefit of his constitutional right to legal representation at his trial, (2) that under the circumstances of this case a knowing and intelligent waiver1 of the right to counsel was required, and (3) that the record does not show that Kimmel made a knowing and intelligent waiver of that right prior to trial. I dissent from that portion of the opinion which orders a limited remand to allow the district court to supplement the record with “further details” of Kimmel’s background, experience, and…