Iowa v. Tovar

In Iowa v. Tovar (2004) 541 U.S. 77, the defendant said during pretrial proceedings that he wanted to represent himself and to plead guilty. The trial court engaged in a guilty plea colloquy, advising the defendant of the rights he must waive to plead guilty, but the court did not advise the defendant under Faretta of the dangers and disadvantages of self-representation. The Iowa Supreme Court found that the trial court's advisements were deficient because the court did not warn the defendant that by representing himself he might overlook viable defenses and would not have the opportunity to obtain an independent opinion of whether he should plead guilty. (Tovar, supra, 541 U.S. at pp. 81-84.) On review, the Tovar court held that the advisements required by the Iowa Supreme Court are not required by the United States Constitution. Instead, "the constitutional requirement is satisfied when the trial court informs the accused of the nature of the charges against him, of his right to be counseled regarding his plea, and of the range of allowable punishments attendant upon the entry of a guilty plea." (Tovar, supra, 541 U.S. at p. 81, italics added.) The Tovar court emphasized that the central component for a valid waiver is that the defendant knows what he is doing because he has been warned of the hazards ahead. But there is no prescribed script. (Tovar, supra, 541 U.S. at pp. 88-89.)