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Name: U.S. v. Hayes
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/02/2000
Subsequent History: None

Reversal was required where appellant’s waiver of counsel in a federal prosecution was not knowingly, intelligently, or voluntarily made with an awareness of the dangers and disadvantages of self-representation. It was undisputed that appellant was made aware of the nature of the charges against him and the possible penalties. He was not, however, properly made aware of the dangers and disadvantages of self-representation. Although the court emphasized that there were consequences to self-representation, it did not describe those consequences. There must be some description, however minimal, of the specific dangers and disadvantages of proceeding pro se. The appellate court here set forth a sample adequate advisement, but cautioned that there is no “required formula.”