Legal Opinion

Fowlkes v. State

Court of Appeals of Maryland

Decided February 10, 1988No. 61, September Term, 1986PublishedCited by 56 opinions

1Opinion of the Court

ELDRIDGE, Judge.

The Sixth Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights provide that, in all criminal prosecutions, a defendant has the right to the assistance of counsel. Nonetheless, a defendant may waive the right to counsel, provided “he knows what he is doing and his choice is made with his eyes open.” Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268, 275 (1942).

Under the Sixth Amendment, a defendant also has an independent right to reject the assistance of counsel and to elect to represent…

2Cases cited38 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
  3. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  4. People v. SawyerNew York Court of Appeals · 1982
  5. State v. HutchinsSupreme Court of North Carolina · 1981

33 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Grandison v. StateCourt of Appeals of Maryland · 1995
  2. Treece v. StateCourt of Appeals of Maryland · 1988
  3. State v. BrownCourt of Appeals of Maryland · 1996
  4. Porterfield v. Mascari II, Inc.Court of Appeals of Maryland · 2003
  5. Johnson v. StateCourt of Appeals of Maryland · 1999

51 more not listed; retrieve them via the Exa API.

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