Go Ahead and Testify. No one can stop you.
State v. Eduwensuyi (HSC January 18, 2018) Background. Benjamin Eduwensuyi was charged with operating under the influence of an intoxicant. He had a bench trial. At trial, before the presentation of evidence, the district court advised Eduwensuyi about testifying. The judge told him that he had “to advise you that you have a right to testify if you choose to do so.” Eduwensuyi said, “yes, your honor.” Then the judge said this: And you also have a right not to testify. That’s up to you. I’ll question you further toward the end of the trial as to whether or not you want to waive either of these rights, to make sure that you’ve been fully informed of your rights and to make sure that any decision you make is your decision, it’s voluntary, okay. So your attorney can give you advice about whether or not you should or should not testify, but ultimately, it’s your decision. Do you understand that? Eduwensuyi said, “yes.” Then the prosecution presented evidence. The prosecution ca...