Citation. Faretta v. Cal., 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562, 1975 U.S. LEXIS 83 (U.S. June 30, 1975)
Brief Fact Summary. Petitioner appealed from a conviction when his waiver of the right to counsel was denied.
Synopsis of Rule of Law. While there is a sixth amendment right to counsel, that does not abrogate the defendant’s right to self-representation.
Held. Justice Stewart, for the court, held “it is one thing to hold that every accused has the right to the assistance of counsel, and quite another to say that a State may compel a defendant to accept a lawyer he does not want.”
Dissent. In two dissents, both Justice Burger and Justice Blackmun write that there is nothing constitutional that requires a state to allow a defendant to conduct his own defense.
Discussion. Just as there is a sixth amendment right to counsel, a defendant also has the right to chose to represent himself.