Ervin G. Taylor v. Joseph S. Hopper, Warden, Georgia State Prison

I dissent from the result reached by the majority in this case because I do not believe that, on the record before us, we can conclude that petitioner Ervin G. Taylor intelligently waived his sixth amendment right to assistance of counsel.

Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), instructs that before a criminal defendant can represent himself he must knowingly and intelligently forego the benefits of representation by counsel. Faretta commands that the knowing and intelligent waiver1 must be evaluated under the test of Johnson v. Zerbst, 304 U.S. 458, 58…