Barnum

People v. Barnum

Bad Law
131 Cal. Rptr. 2d 499·2003 Cal. LEXIS 1543·2003 Daily Journal DAR 2935·29 Cal. 4th 1210·64 P.3d 788
Supreme Court of CaliforniaMarch 17, 2003S095872California6,922 words

Opinion

Opinion

George, J.

—We granted review to consider a rule, rooted in two Court of Appeal decisions—Killpatrick v. Superior Court (1957) 153 Cal.App.2d 146 [ 314 P.2d 164 ] (Killpatrick), and People v. Kramer (1964) 227 Cal.App.2d 199 [ 38 Cal.Rptr. 487 ] (Kramer)—declaring that a trial court is required to advise a defendant who represents himself or herself of the privilege against compelled self-incrimination before such a defendant is called by the People as a witness in their case-in-chief or testifies in his or her own defense.

The Court of Appeal below rejected the Killpatrick-Kramer rule, reasoning that it was not well founded, and in any event was not viable after Faretta v. California (1975) 422 U.S. 806 [ 95 S.Ct. 2525 , 45 L.Ed.2d 562 ] (Faretta), which held that under the Sixth Amendment to the United States Constitution a defendant not only has a right to the assistance of counsel, but also the right to represent himself or herself.

We granted review to determine whether the Killpatrick-Kramer rule is valid and, if so, what standard of prejudice applies when it is violated.

As we shall explain, we conclude that the Killpatrick-Kramer rule has not been undermined by Faretta .…

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