Legal Opinion · Dissent

Boyle v. State

Indiana Court of Appeals

Decided December 31, 1990No. 44A04-9008-CR-373Published

1DissentMiller, Presiding Judge

I dissent. The trial court did not satisfy its obligation of informing Boyle of the advantages and disadvantages of counsel and, therefore, Boyle's waiver of the right to counsel could not have been knowing, intelligently and voluntarily made. I would remand for resentencing.

The majority opinion, among other things, stands for the proposition that a person who serves in the armed services has sufficient legal knowledge and training to waive his right to counsel without being informed of the advantages of counsel and the disadvantages of proceeding without I cannot subscribe to this theory.…

2Cases cited9 opinions

  1. Penson v. OhioSupreme Court of the United States · 1988
  2. Gardner v. FloridaSupreme Court of the United States · 1977
  3. United States v. GouveiaSupreme Court of the United States · 1984
  4. Satterwhite v. TexasSupreme Court of the United States · 1988
  5. United States v. Lewis D. AllenCourt of Appeals for the Tenth Circuit · 1990

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