United States v. Midgett

342 F.3d 321 (2003)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

United States v. Midgett

United States Court of Appeals for the Fourth Circuit
342 F.3d 321 (2003)

Facts

Paul Midgett (defendant) and Theresa Russell were charged with assaulting and robbing J. W. Shaw. Midgett claimed that a third person had driven Midgett and Russell to Shaw and that this third person had committed the assault while Midgett was passed out in the car. However, Midgett would not give his lawyer the third person’s name or any other evidence to corroborate this version of events. Believing that Midgett’s proposed testimony about this third person was false, the lawyer would not allow Midgett to testify. Because the lawyer and Midgett could not agree about whether to offer Midgett’s testimony at trial, the lawyer repeatedly asked the trial court for permission to withdraw as Midgett’s counsel. The court ruled that because it seemed as though Midgett was planning to provide false testimony, Midgett had to choose between (1) having a lawyer and not testifying or (2) representing himself and testifying. Midgett said that he could not proceed without a lawyer and never testified at the trial. Midgett was convicted and appealed. On appeal, Midgett argued that the trial court had erred when it made him choose between his right to counsel and his right to testify on his own behalf.

Rule of Law

Issue

Holding and Reasoning (Traxler, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership