BROWN v. ARTUZ

No. 1311, Docket 96-2628.

124 F.3d 73 (1997)

James BROWN, Petitioner-Appellant, v. Christopher ARTUZ, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 6, 1997.


Attorney(s) appearing for the Case

Philip S. Glickman, Rochester, NY, for petitioner-appellant.

Arthur D. Middlemiss, Asst. Dist. Atty., New York City (Robert M. Morganthau, Dist. Atty., Alan Gadlin, Asst. Dist. Atty., New York City, on brief), for respondent-appellee.

Before: MESKILL and NEWMAN, Circuit Judges, and CEDARBAUM, District Judge.


JON O. NEWMAN, Circuit Judge:

This appeal presents several issues concerning a criminal defendant's constitutional right to testify at his trial, issues that arise in a case where a defendant does not testify. The specific issues are (1) whether the decision to testify is ultimately for the defendant or for trial counsel to make; (2) if the right to testify is "personal" to the defendant in the sense that only the defendant may validly relinquish it, whether...

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