State v. Morel-Vargas
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The Supreme Court exercised its supervisory authority to require that a trial court either canvass the defendant or, in certain circumstances, inquire of defense counsel directly to determine whether the defendant was properly advised regarding the waiver of his right to testify.
Defendant was convicted of one count of sexual assault in the first degree following a jury trial at which he did not testify. On appeal, Defendant argued that defense counsel's representation that Defendant had waived his right to testify was insufficient to constitute a waiver of that right. The Supreme Court affirmed, holding (1) the constitution does not require that a defendant personally assert the waiver of his constitutional right to testify on the record; but (2) an on-the-record canvass of a defendant is the best practice to ensure that the defendant's waiver of his right to testify is made knowingly, intelligently and voluntarily.
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