Legal Opinion

United States v. Herman Padilla

Court of Appeals for the Tenth Circuit

Decided May 21, 1987No. 86-1295PublishedCited by 149 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

Herman Padilla appeals his convictions of two counts of possession of firearms by a felon in violation of 18 U.S.C. App. § 1202(a) and one count of possession of a firearm without a serial number in violation of 26 U.S.C. §§ 5861(i) and 5871. Defendant, who appeared pro se at his bench trial, contends his convictions must be reversed because the record fails to establish that he knowingly and intelligently waived his right to be represented by counsel. We conclude that because the trial court failed to ensure defendant was aware of the dangers and disadvantages of…

2Cases cited29 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Faretta v. CaliforniaSupreme Court of the United States · 1975
  5. Coolidge v. New HampshireSupreme Court of the United States · 1971

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

3Cited by149 opinions

  1. United States v. Ishmael GallopCourt of Appeals for the Fourth Circuit · 1988
  2. United States v. Cecil L. BursonCourt of Appeals for the Tenth Circuit · 1991
  3. United States v. Wesley WillieCourt of Appeals for the Tenth Circuit · 1991
  4. People v. ArguelloSupreme Court of Colorado · 1989
  5. United States v. PorterCourt of Appeals for the Tenth Circuit · 2005

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

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