In U.S. v. Lenihan, the Ninth Circuit held that a waiver of counsel in a misdemeanor prosecution was constitutional, even though the defendant had not been warned of the dangers and disadvantages of self representation. The ruling is in keeping with Iowa v. Tovar, 541 U.S. 77 (2004), making such warnings unnecessary for misdemeanor offenses provided the waiver was knowing, but overturns previous Ninth Circuit decisions requiring advisement.
In Montes-Lopez v. Gonzales, the Ninth Circuit held the Board of Immigration Appeals (BIA) erred in failed to determine whether the Petitioner’s right to counsel during proceedings before the immigration judge (IJ) had been violated. The BIA had affirmed the IJ’s decision without discussion of Petitioner’s claim. The Court remanded the matter to the BIA for determination of the claim.
In another immigration matter, Chaidez v. Gonzales, the Ninth Circuit issued an amended opinion, clarifying that the matter was remanded. Otherwise, the outcome is unchanged from the original opinion.
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