The following excerpt is from U.S. v. Martinez, 883 F.2d 750 (9th Cir. 1989):
There is, however, a class of constitutional decisions that is preserved for the defendant and for the defendant alone. These choices implicate rights that are both personal and fundamental. Only the defendant may waive these rights. See Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962). Since this panel is now in complete agreement that the decision to take the stand is personal to the accused, I see no reason to belabor the point and instead turn to the question of waiver. 10
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