Is a defendant entitled to a defense at the guilt phase?
California, United States of America
The following excerpt is from People v. Burton, 258 Cal.Rptr. 184, 48 Cal.3d 843, 771 P.2d 1270 (Cal. 1989):
Defendant maintains the judgment must be reversed because his counsel failed to accede to his desire to put on a defense at the guilt phase. 3 Defendant argues on the basis of the plurality opinion in People v. Frierson (1985) 39 Cal.3d 803, 218 Cal.Rptr. 73, 705 P.2d 396 that both counsel and the trial court interfered with his fundamental right to elect to put on a defense.
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