Sammys of Mobile v. City of Mobile

Appellant Jeffrey D. Van De Walker was convicted by a jury of theft of government property in violation of 18 U.S.C. § 641. Van De Walker argues on appeal that his trial was fundamentally unfair because the district court did not conduct a sua sponte, on-the-record inquiry into whether he knowingly, voluntarily, and intelligently waived his right to testify at trial. Van De Walker did not testify at his trial and did not assert his right to testify in the district court. He does not contend that his attorney failed to advise him of his right to testify or prevented him from testifying on his own behalf, and thus Van De Walker concedes that he is unable to raise an ineffective assistance of counsel claim. Instead, Van De Walker contends that in order to safeguard a criminal defendants fundamental constitutional right to testify at trial, a trial court is constitutionally required to conduct a sua sponte, on-the-record inquiry into whether a criminal defendants waiver of the right to testify was knowing, voluntary, and intelligent.