United States Ninth Circuit

The district court's order finding that defendant was incompetent to stand trial is vacated and remanded, where: 1) a defendant has a constitutional and statutory right to testify at his pretrial competency hearing; 2) only the defendant, not counsel, can waive the constitutional right to testify; 3) the district court has an obligation to admonish a defendant that his disruptive conduct may result in his removal from the courtroom and waiver of his right to testify; and 4) the denial of the defendant's right to testify was not harmless because the panel did not know to what the defendant may have testified.

Appellate Information

• Decided 06/17/2013
• Published 06/17/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel