Boyd v. United States

ROGERS, Chief Judge:

Appellant Cynthia A. Boyd appeals from her conviction by a jury of possession of heroin, D.C.Code § 33-541 (1989 Repl.), on the principal ground that she was denied her constitutional right to testify. We hold that the right to testify is a fundamental constitutional right that can only be waived by the defendant, and that the trial judge erred in failing to hold a hearing to determine whether or not Boyd had waived her right to testify when she asserted that she had wanted to testify. Accordingly, the case is remanded to the trial court.

I

On the evening of her arrest, Boyd…