Lessell Henry Moore v. the People of the State of Colorado — Coats, J., Concurring in Part and Dissenting in Part

Summary

Justice Coats, concurring in part and dissenting in part, would affirm because the record showed that the defendant was advised of his personal right to testify and expressly waived it, with no indication of coercion or lack of awareness. He would reject treating the prescribed advisements as constitutionally conclusive or as defining all knowledge required for an intelligent waiver, and would also reject confining waiver challenges to a single post-conviction procedure. He would place the burden on the defendant to overcome the presumed effectiveness of a record waiver.