State v. Morel-Vargas

Summary

The court held that a defendant’s constitutional right to testify is personal to the defendant, but that the constitution does not require the defendant personally to make an on-the-record waiver. Defense counsel’s representation that the defendant chose not to testify, combined with the defendant’s silence and the absence of evidence of a contrary decision, sufficiently established a valid waiver in this case. Prospectively, the court required trial courts to conduct a canvass or, in specified circumstances, inquire of defense counsel, but it declined to review the defendant’s unpreserved challenge to leading questions as an evidentiary claim.