State v. Morel-Vargas

Summary

The court held that a criminal defendant's right to testify is personal and may be waived only by the defendant, but the Constitution does not require the defendant personally to make an on-the-record waiver. Counsel's representation that the defendant elected not to testify, combined with the defendant's silence and absent evidence of an attorney-client problem, established a valid waiver in this case. Prospectively, the court required trial courts either to canvass the defendant or, when counsel identifies a risk of judicial interference with trial strategy, to inquire of counsel about the adequacy of the advice given. The court also declined to review the unpreserved challenge to leading questions because it was evidentiary rather than constitutional.