Court of Criminal Appeals of Texas

William Robert Oliver, Appellant v. the State of Texas, Appellee

January 12, 19941994 Tex. Crim. App. LEXIS 1

Summary

The Court of Criminal Appeals held that a defendant's Sixth Amendment right to counsel may be waived only affirmatively, and that a mere failure to request appointed counsel does not constitute a waiver. Accordingly, the Court vacated the judgment of the Court of Appeals and remanded for further consideration in light of Green v. State. Justice Baird, in a concurring opinion, agreed with the majority's holding and emphasized the affirmative waiver requirement.