TERHUNE, DIRECTOR, CALIFORNIA DEPARTMENT OF CORRECTIONS

v.

MCBATH

Citator

Cited By

• Berkuta v. State, 788 So. 2d 1081 (Fla. 4th DCA 2001)
  …ke other fundamental rights such as the right to counsel and the right to a jury trial, be waived expressly and personally by the defendant on the record. See People v. Bradford, 14 Cal.4th 1005, 60 Cal.Rptr.2d 225, 929 P. 2d 544, 570, cert. denied, 522 U.S. 953, 118 S.Ct. 377, 139 L.Ed.2d 293 (1997)(no personal waiver by defendant is expressly required to waive the right to a public criminal trial). A defense counsel’s affirmative representation to the court that the defendant consents to excluding persons…
• Roper v. Simmons, 543 U.S. 551 (U.S. 2005)
  …he motion for posteonviction relief. In a consolidated appeal from Simmons’ conviction and sentence, and from the denial of post-conviction relief, the Missouri Supreme Court affirmed. State v. Simmons, 944 S. W. 2d 165, 169 (en banc), cert. denied, 522 U. S. 953 (1997). The federal courts denied Simmons’ petition for a writ of habeas corpus. Simmons v. Bowersox, 235 F. 3d 1124, 1127 (CA8), cert. denied, 534 U. S. 924 (2001). After these proceedings in Simmons’ case had run their course, this Court held…