. v. Detroit Timber & Lumber Co., 200 U.S. 321, As to waiver of trial counsel, we have said that before a defendant may be allowed to proceed pro se, he must be warned specifically of the hazards ahead. 8(2)(a) (1992), In order to appear at the OWI arraignment, Tovar drove to the courthouse despite the suspension of his license; he was apprehended en route home. lacked a full and complete appreciation of all of the consequences flowing from his waiver, it does not defeat the State's showing that the information it provided to him satisfied the constitutional minimum." secures to a defendant facing incarceration the right to of the charge. twice over. The court nonetheless held that the colloquy preceding acceptance of Tovar's 1996 guilty plea had been constitutionally inadequate, and instructed dispositively: "[A] defendant such as Tovar who chooses to plead guilty without the assistance of an attorney must be advised of the usefulness of an attorney and the dangers of self-representation in order to make a knowing and intelligent waiver of his right to counsel. . Initial Appearance in No. Tovar first indicated that he waived counsel at his initial appearance, see supra, at 82, affirmed that he wanted to represent himself at the plea hearing, see supra, at 82, and declined the court's offer of "time to hire an attorney" at sentencing, when it was still open to him to request withdrawal of his plea, see supra, at 84, and n. 4. The State, however, does not contest the Iowa Supreme Court's determination that a conviction obtained without an effective waiver of counsel cannot be used to enhance a subsequent charge. A defendant’s Sixth Amendment right to counsel is not violated if he agrees to a guilty plea. . Tovar, on the other hand, defends the precise instructions required by the Iowa Supreme Court, see supra, at 86-87, as essential to a knowing, voluntary, and intelligent plea stage waiver of counsel. The Sixth Amendment safeguards to an accused who faces incarceration the right to counsel at all critical stages of the criminal process. The Iowa high court gave term for his first OWI conviction, he had a right to counsel question, and what assistance [counsel] could provide to an The Iowa Supreme Court held both warnings essential to the "knowing and intelligent" waiver of the Sixth Amendment right to the assistance of counsel. including a plea hearing, White v. Maryland, 373 U.S. 59, 60 "A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in either of the following conditions:a. 02-1541 . Held. In Tovar's case, the State maintains that, like the Miranda warnings we found adequate in Patterson, Iowa's plea colloquy suffices both to advise a defendant of his right to counsel, and to assure that his guilty plea is informed and voluntary. insufficient consideration to this Court’s guiding Supreme Court of United States. In 2000, Tovar was charged with third-offense OWI, a class "D" felony under Iowa law. of Public Safety, OWI Supplemental Report 3 (Nov. 2, 1996), Lodging of Petitioner; Iowa State Univ. At that stage of the case, we held, the warnings required by Miranda v. Arizona, 384 U.S. 436 (1966), adequately informed the defendant not only of his Fifth Amendment rights, but of his Sixth Amendment right to counsel as well. Id., at 20. rights and receive[d] a copy of the Complaint." The Court held that he had a constitutional right to self-representation. mislead a defendant more than they would inform him, The judge also marked on the form's checklist that Tovar was "informed of the charge and his . After accepting Tovar's guilty plea on the suspension charge, the court sentenced him on both counts: For the OWI conviction, the court imposed the minimum sentence of two days in jail and a $500 fine, plus a surcharge and costs; for the suspension conviction, the court imposed a $250 fine, plus a surcharge and costs. the range of allowable punishments attendant upon the entry of The court then accepted Tovar's plea, observing that there was "a factual basis" for it, and that Tovar had made the plea "voluntarily, with a full understanding of [his] rights, [and] . Pet. Moreover, as Tovar acknowledges, in a collateral attack on an uncounseled conviction, it is the defendant's burden to prove that he did not competently and intelligently waive his right to the assistance of counsel. In prescribing scripted admonitions and holding Record 55. Record 60. 15, and would have the right to be represented at that trial by an attorney, who "could help [Tovar] select a jury, question and cross-examine the State's witnesses, present evidence, if any, in [his] behalf, and make arguments to the judge and jury on [his] behalf," id., at 16. 121, comment (2003). See Brief for Petitioner 19 (acknowledging defendant's need to know "retained or appointed counsel can assist" at the plea stage by "work[ing] on the issues of guilt and sentencing"). Maine v. Moulton, 474 U.S. 159, 170 (1985); United States v. Wade, 388 U.S. 218, 224 (1967). right to counsel at the plea stage: The defendant must be “articulate[d] with precision” the additional Counsel moved to preclude use of Tovar’s first Brief for Respondent 15. See Brief for United States as Amicus Curiae 11, n. 3. Id., at 299 (citation and internal quotation marks omitted). Iowa's highest court acknowledged that "the dangers of proceeding pro se at a guilty plea proceeding will be different than the dangers of proceeding pro se at a jury trial, [therefore] the inquiries made at these proceedings will also be different." the charged offense. IOWA v. TOVAR CERTIORARI TO THE SUPREME COURT OF IOWA. While under the influence of an alcoholic beverage . App. deciding whether to plead guilty (1) entails the risk that a Tovar replied: "Yes, sir." 487 U.S., at 299, n. 13. Theresa R. Wilson, Iowa State Assistant Appellate Defender, argued the cause and filed a brief for respondent.*. 02-1541. silent, to the presumption of innocence, and to subpoena We similarly observed in Patterson: "If [the defendant] . On March 16, 1998, Tovar was convicted of OWI for a second time. useful, but the Federal Constitution does not require the two In 1998, Tovar was again charged with For the reasons stated, the judgment of the Supreme Court of Iowa is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Brief for Petitioner 20; Tr. Syllabus ; Opinion of the Court (Ginsburg) Petitioner Iowa . syllabus (headnote) will be released, as is being done in Tovar then waived his right to a jury trial and was found guilty by the court of both the OWI third-offense charge and driving while license barred. Id., at 33. While the Constitution "does not force a lawyer upon a defendant," Adams v. United States ex rel. See Watts v. State, 257 N. W. 2d 70, 71 (Iowa 1977); Brief for Respondent 5, 26-27. Tovar confirmed, first, that on the date in Some hours after his arrest, Tovar appeared before a judge in the Iowa District Court for Story County. OWI, this time as a second offense, an aggravated misdemeanor In 2000, Tovar was charged with third-offense never made aware by the court of the dangers and disadvantages The information a defendant must possess in order to make an court informs the accused of the nature of the charges against . Pp. 1996 guilty plea had been constitutionally inadequate, Indeed, the Iowa Supreme Court appeared to assume that Tovar was informed of his entitlement to counsel's aid or, at least, to have pretermitted that issue. 487 U.S., at 294. Warnings of the pitfalls of proceeding to trial without counsel, we therefore said, must be "rigorous[ly]" conveyed. In Patterson, this Court described a pragmatic approach to right-to-counsel waivers, one that asks "what purposes a lawyer can serve at the particular stage of the proceedings in question, and what assistance [counsel] could provide to an accused at that stage." viable defense will be overlooked and (2) deprives him of the . In prescribing scripted admonitions and holding them necessary in every guilty plea instance, we further note, the Iowa high court overlooked our observations that the information a defendant must have to waive counsel intelligently will "depend, in each case, upon the particular facts and circumstances surrounding that case," Johnson, 304 U.S., at 464; supra, at 88. IOWA v. TOVAR. rights at that trial to be represented by counsel, to remain Brief for Petitioner 25. the charge. Pp. 3. they are at trial.” Id., at 299. to Pet. See ibid. They noted that, in addition to advice concerning the constitutional rights a guilty plea relinquishes, Tovar was "made fully aware of the penal consequences that might befall him if he went forward without counsel and pleaded guilty." We therefore do not address arguments amicus advances questioning that premise. Less rigorous warnings are required pretrial because, at that stage, "the full dangers and disadvantages of self-representation . Malcolm L. Stewart argued the cause for the United States as amicus curiae urging reversal. Get Iowa v. Tovar, 541 U.S. 77 (2004), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. The trial court denied the motion, found Tovar guilty, and sentenced him on the OWI third-offense charge. represented by counsel, Tovar pleaded not guilty to the felony Faretta v. California, 422 U.S. 806 (1975), is instructive. (b) The Sixth Amendment On the OWI third-offense charge, he received a 180-day jail term, with all but 30 days suspended, three years of probation, and a $2,500 fine plus surcharges and costs. 487 U.S., at 293. 656 N. W. 2d, at 122. Before this Court, he suggests only that he may have been under the mistaken belief that he had a right to counsel at trial, but not if he was, instead, going to plead guilty. See also id., at 29, n. 12. rigorous warnings are required pretrial because, at that stage, No. The Sixth Amendment requires a judge to inform the accused of the charges against him, of his right to counsel when invoking a plea and of the range of punishments he pleads. The court then accepted his guilty plea and, at a hearing the next month, imposed the minimum sentence of two days in jail and a fine. On December 30, 1996, Tovar appeared for sentencing on the OWI charge4 and, simultaneously, for arraignment on a subsequent charge of driving with a suspended license. By pleading guilty, the court cautioned, Tovar would give up his right to a trial and his rights at that trial to be represented by counsel, to remain silent, to the presumption of innocence, and to subpoena witnesses and compel their testimony. A plea hearing qualifies as a "critical stage." Represented by an attorney, Tovar pleaded not guilty to both December 2000 charges. Id., at 835 (internal quotation marks omitted). 02-1541. them necessary in every guilty plea instance, that court See Iowa Code § 321J.2 (1995).1 An intoxilyzer test administered the night of Tovar's arrest showed he had a blood alcohol level of 0.194. particular facts and circumstances surrounding [this] In prescribing scripted admonitions and holding them necessary in every guilty plea instance, that court overlooked this Court's observations that the information a defendant must have to waive counsel intelligently will depend upon the particular facts and circumstances in each case, Johnson, 304 U. S., at 464. Prior to asking Tovar whether he wished to hire counsel, the court noted that Tovar had applied for a court-appointed attorney but that his application had been denied because he was financially dependent upon his parentsId., at 46. See Iowa Rule Crim. 5.02 (2003); Pa. Rule Crim.

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