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Faretta v. California
422 U.S. 806 (1975)
Author: DK
Facts: Appellant was grand theft and
was appointed a public defender. Appellant tried to waive
his right to counsel because he wanted to represent
himself. The court tested his legal skills and rejected his
request.
Issue: Can the state constitutionally
enforce a counsel on an unwilling defendant?
Holding: No
Rationale: According to the Court, the
right of self-representation finds support in the structure of
the 6th Amendment, as well as in the English and
colonial jurisprudence. An informed and intelligent
defendant who decides to waive his right to counsel has the
constitutional right to represent himself. After all, the
defendant, and not his lawyer or the State, will bear the
personal consequences of a conviction.
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