Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

PEOPLE v. GIVENS

M.J. KELLY, J.

Defendant was charged with, and convicted of, armed robbery. MCLA 750.529; MSA 28.797. Throughout the proceedings he was represented by competent appointed counsel. On appeal, he alleges as error the failure of the trial judge to specifically advise defendant of his right to testify in his own defense.

We find no authority holding that where a defendant is convicted after not taking the stand, he is entitled to reversal unless the record shows his awareness of the right to testify. We are unwilling to extend the guilty plea procedures required by GCR 1963, 785.7(1)(d)(iv) to a jury trial. The court rule is designed to assure that a defendant pleading guilty is aware of the full panoply of rights he is foregoing. We refuse to presume that trial counsel failed to communicate those rights to defendant. We conclude, rather, that the decision not to take the stand was a calculated trial tactic. The trial judge's duty is to fairly preside over the proceedings, not to second-guess the strategy of defense counsel.

Affirmed.

Use AI to get other relevant cases.

Comments

PEOPLE v. GIVENS
(Mar 11, 1975)