This Comment discusses the independent approach to the problem of defining and limiting waiver of counsel. The first part of this Comment analyzes McOmber, which made notification of counsel a precondition for a valid waiver of counsel's presence during interrogation. This Comment then considers the present effectiveness of Miranda in the civilian courts and examines whether state courts using state law could strengthen the Miranda protection by following the example of McOmber.
E. A. Smith,
United States v. McOmber: A Challenge to State Courts on Counselless Waivers,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol14/iss5/11