UNITED STATES v. McMEANS

No. 89-5813.

927 F.2d 162 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Ben McMEANS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 1, 1991.

As Amended March 11, 1991.


Attorney(s) appearing for the Case

John Preston Bailey, argued, Byrum & Bailey, Wheeling, W.Va., for defendant-appellant.

Patrick M. Flatley, Asst. U.S. Atty., argued (William A. Kolibash, U.S. Atty., Thomas O. Mucklow, Asst. U.S. Atty., on brief), Wheeling, W.Va., for plaintiff-appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.


PER CURIAM:

The questions presented on appeal are whether the trial court erred by failing (1) to inform the defendant of his right to testify on his own behalf and (2) to obtain an "on the record" waiver by the defendant of this right. The district court held there was no right of the defendant to be so informed and thus no necessity for the trial court to secure an "on the record" waiver of such right. We find no error on the part of the court below in this ruling...

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