Can a defendant waiver his right to counsel at trial?
MultiRegion, United States of America
The following excerpt is from United States v. DuShane, 435 F.2d 187 (2nd Cir. 1970):
The issue is thus simply posed. Appellant did not have counsel in 1959, and both parties assume that the validity of the Oklahoma conviction depends upon
[435 F.2d 190]
whether he can be held to have waived his right to counsel at that time. Relying principally on Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967), appellant argues that such a holding is not permissible because the official record is silent as to waiver. The Government argues that the two affidavits, the Oklahoma statute, and the trial judge's refusal to credit defendant's testimony are a sufficient basis for the holding of waiver.[435 F.2d 190]
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