On Point blog, page 2 of 2
Due Process – Defendant’s Right to Testify – Personal Waiver Required
State v. Patricia A. Weed, 2003 WI 85, affirming unpublished opinion of court of appeals
For Weed: T. Christopher Kelly
Issue/Holding: A defendant has a “fundamental” constitutional right to testify on his or her own behalf. ¶39.
¶43. Accordingly, in order to determine whether a criminal defendant is waiving his or her right to testify, a circuit court should conduct an on-the-record colloquy with the defendant outside the presence of the jury.
Due Process – Defendant’s Right to Testify, as Affected by Intent to Commit Perjury – Counsel’s Role
State v. Derryle S. McDowell, 2003 WI App 168, affirmed, 2004 WI 70, ¶¶42-47
For McDowell: Christopher J. Cherella
Amici: Keith A. Findley, John T. Savee, John A. Pray, Frank Remington Center & WACDL
Issue/Holding: The defendant’s right to testify does not include a right to testify falsely, Nix v. Whiteside, 475 U.S. 157 (1986):
¶37.