Godinez v. Moran, 509 U.S. 389, 28 (1993)

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416

GODINEZ v. MORAN

Blackmun, J., dissenting

self-representation." Ante, at 400. But Faretta does not confer upon an incompetent defendant a constitutional right to conduct his own defense. Indeed, Faretta himself was "literate, competent, and understanding," and the record showed that "he was voluntarily exercising his informed free will." 422 U. S., at 835. "Although a defendant need not himself have the skill and experience of a lawyer," Faretta's right of self-representation is confined to those who are able to choose it "competently and intelligently." Ibid. The Faretta Court was careful to emphasize that the record must establish that the defendant " 'knows what he is doing and his choice is made with eyes open.' " Ibid., quoting Adams v. United States ex rel. McCann, 317 U. S. 269, 279 (1942). The majority asserts that "the competence that is required

of a defendant seeking to waive his right to counsel is the competence to waive the right, not the competence to represent himself." Ante, at 399. But this assertion is simply incorrect. The majority's attempt to extricate the competence to waive the right to counsel from the competence to represent oneself is unavailing, because the former decision necessarily entails the latter. It is obvious that a defendant who waives counsel must represent himself. Even Moran, who pleaded guilty, was required to defend himself during the penalty phase of the proceedings. And a defendant who is utterly incapable of conducting his own defense cannot be considered "competent" to make such a decision, any more than a person who chooses to leap out of a window in the belief that he can fly can be considered "competent" to make such a choice.

The record in this case gives rise to grave doubts regarding respondent Moran's ability to discharge counsel and represent himself. Just a few months after he attempted to commit suicide, Moran essentially volunteered himself for execution: He sought to waive the right to counsel, to plead guilty to capital murder, and to prevent the presentation of any mitigating evidence on his behalf. The psychiatrists' re-

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