Legal Opinion

State v. Rose

New Jersey Superior Court Appellate Division

Decided April 24, 2019No. DOCKET NO. A-4915-16T2PublishedCited by 8 opinions

1Opinion of the Court

OSTRER, J.A.D.

*620In this post-conviction relief (PCR) appeal, one novel issue merits in-depth discussion: may a defendant waive a previously asserted right to represent himself by acquiescing in his representation by counsel. Federal courts have addressed the issue, but our state courts have not. We conclude that a defendant, by his or her conduct, may waive the right of self-representation. But, whether a defendant has done so is a fact question. To conclude that a defendant has waived an asserted right of self-representation, the evidence must clearly demonstrate that the *621defendant *1001intentionall…

2Cases cited48 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Faretta v. CaliforniaSupreme Court of the United States · 1975
  5. Fuentes v. ShevinSupreme Court of the United States · 1972

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3Cited by8 opinions

  1. State v. CocloughNew Jersey Superior Court Appellate Division · 2019
  2. STATE OF NEW JERSEY VS. CARDELL BOYDNew Jersey Superior Court Appellate Division · 2019
  3. STATE OF NEW JERSEY VS. GARY MADDOX (07-09-0124, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  4. STATE OF NEW JERSEY VS. JASON E. MCKINNON (07-09-0124, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  5. STATE OF NEW JERSEY VS. JEVON ROBINSON (14-03-0778, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020

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