Is a defendant entitled to a personal waiver of his constitutional rights?

California, United States of America


The following excerpt is from People v. Griffin, 251 Cal.Rptr. 643, 46 Cal.3d 1011, 761 P.2d 103 (Cal. 1988):

Defendant contends that the murder conviction must be reversed because the court permitted counsel to enter what was tantamount to a guilty plea without obtaining defendant's waiver of the constitutional rights he was giving up. Defendant contends that when defense counsel in opening statement conceded defendant's responsibility for the killing, the trial court should have intervened to advise defendant of his constitutional rights and obtain a personal waiver of those rights under Boykin v. Alabama (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 and In re Tahl (1969) 1 Cal.3d 122, 81 Cal.Rptr. 577, 460 P.2d 449. Defendant contends that since there was not such a waiver, the murder conviction must be reversed.

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