2.35 Discharge of Defense Counsel During Trial Even though was represented by a lawyer when this (name of defendant) trial began, has decided to continue the trial representing (he)(she) and not to use the services of a lawyer. has a (himself)(herself) (He)(She) constitutional right to do that. decision has no bearing on whether (His)(Her) is guilty or not guilty, and it must not affect your consideration of (he)(she) the case. Because has decided to act as own lawyer, (name of defendant) (his)(her) you will hear speak at various times during the trial. (him)(her) (He)(She) may make closing argument. may (a)(an) (opening statement and) (He)(She) ask questions of witnesses, make objections, and argue to the court. I want to remind you that when speaks in these parts of the trial (name of defendant) is acting as a lawyer in the case, and words are not (he)(she) (his)(her) evidence. The only evidence in the case is the testimony of witnesses under oath and exhibits admitted into evidence. Comment This instruction is derived from Eighth Circuit § 2.22 and Federal Judicial Center § 6. This instruction should be given when a defendant exercises the constitutional right under 422 U.S. 806 (1975), to waive the Sixth Amendment Faretta v. California, right to assistance of counsel and proceed pro se. In order to assure that the waiver is valid, the court should engage in a colloquy with the defendant such as the one suggested in § 1.02 of the Benchbook for U.S. District Court Judges (4th ed. 2000).
2.35 Discharge of Defense Counsel During Trial Even though (name of defendant) was represented by a lawyer when this trial began, (he)(she) has decided to continue the trial representing (himself)(herself) and not to use the services of a lawyer. (He)(She) has a constitutional right to do that. (His)(Her) decision has no bearing on whether (he)(she) is guilty or not guilty, and it must not affect your consideration of the case. Because (name of defendant) has decided to act as (his)(her) own lawyer, you will hear (him)(her) speak at various times during the trial. (He)(She) may make (a)(an) (opening statement and) closing argument. (He)(She) may ask questions of witnesses, make objections, and argue to the court. I want to remind you that when (name of defendant) speaks in these parts of the trial (he)(she) is acting as a lawyer in the case, and (his)(her) words are not evidence. The only evidence in the case is the testimony of witnesses under oath and exhibits admitted into evidence. Comment This instruction is derived from Eighth Circuit § 2.22 and Federal Judicial Center § 6. This instruction should be given when a defendant exercises the constitutional right under Faretta v. California, 422 U.S. 806 (1975), to waive the Sixth Amendment right to assistance of counsel and proceed pro se. In order to assure that the waiver is valid, the court should engage in a colloquy with the defendant such as the one suggested in § 1.02 of the Benchbook for U.S. District Court Judges (4th ed. 2000).
2016%20Chapter%202%20revisions.docx