Legal Opinion
Franco Lopez, A/K/A Eduardo T. Hernandez v. S. Frank Thompson, Opinion
Court of Appeals for the Ninth Circuit
Decided February 4, 2000No. 97-35837PublishedCited by 112 opinions
1Opinion of the Court
Opinion by Judge McKEOWN; Concurrence by Judge WALLACE; Dissent by Judge TASHIMA.
McKEOWN, Circuit Judge:
The question before us is whether Franco Lopez knowingly and intelligently waived his right to assistance of counsel at sentencing in accord with Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). Resolution of this question requires us to consider two important, and often competing, constitutional rights applicable to a criminal proceeding: the right to assistance of counsel and the correlative right to waive assistance of counsel. Under the circumstances of this…
2Cases cited17 opinions
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Lindh v. MurphySupreme Court of the United States · 1997
- Smith v. PhillipsSupreme Court of the United States · 1982
- Cupp v. NaughtenSupreme Court of the United States · 1973
12 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Antonio Darnell Robinson v. John Ignacio, WardenCourt of Appeals for the Ninth Circuit · 2004
- Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- John J. Zichko v. State of Idaho Larry Wright, Warden Alan LanceCourt of Appeals for the Ninth Circuit · 2001
- United States v. Ronnie PeppersCourt of Appeals for the Third Circuit · 2002
- United States v. HernandezCourt of Appeals for the Ninth Circuit · 2000
107 more not listed; retrieve them via the Exa API.