Clapier

United States v. Clapier

Good Law
40 F. App'x 455
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 00-30250; D.C. No. CR-99-120-S-BLWCalifornia933 words

Opinion

Lead Opinion

MEMORANDUM **

Hyla Marie Clapier (“Clapier”) appeals following her conviction for fraudulently passing a fictitious financial instrument and aiding and abetting the fraudulent passing of a financial instrument in violation of 18 U.S.C. §§ 2 , 514(a)(2). Clapier claims that she did not knowingly, intelligently, and unequivocally waive her Sixth Amendment right to counsel, and that the District Court violated her rights under the Sixth and Fifth Amendments by refusing to admit a book entitled “Redemption” into evidence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Whether a defendant’s waiver of her right to counsel was made knowingly, intelligently, and unequivocally is reviewed de novo. United States v. Lopez-Osuna, 242 F.3d 1191, 1198 (9th Cir.2000). In ascertaining whether a defendant’s waiver of counsel was knowing and intelligent, we examine the record for proof that the defendant was aware of the nature of the charges against her, understood her constitutional right to have a lawyer perform the core functions of the trial, and appreciated both the consequences of her mishandling those core functions and a lawyer’s superior ability to navigate them.…

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