Section 10.6 Waiver

• Library: Criminal Practice 2012 Supp

b. (§10.6) Waiver

A defendant may waive the constitutional right to counsel at a post-indictment/information lineup proceeding as long as the waiver is intelligently and knowingly made. See United States v. Wade, 388 U.S. 218 (1967); Carnley v. Cochran, 369 U.S. 506 (1962); Johnson v. Zerbst, 304 U.S. 458 (1938).

Information that the defendant has a right to counsel is necessary for the defendant to waive that right. Long v. United States, 424 F.2d 799 (D.C. Cir. 1969).

The burden of establishing an...