If in a trial the defendant waives the right to testify in his or her own defense, the court shall determine on the record in the presence of the defendant that the defendant has been advised of the right to testify and has waived that right. Such a determination shall not be made by inquiry directed to the defendant and shall not be made in the presence of the jury.
Ark. R. Crim. P. 33.9
Adopted by per curiam order May 29, 2014, effective July 1, 2014.
COMMENT Reporter’s Note, 2014: This rule was added in 2014 in response to the Supreme Court’s decisions in Williams v. State, 2011 Ark. 489 and Sartin v. State, 2012 Ark. 155. The rule is satisfied if defense counsel affirmatively states on the record that he or she has advised the defendant of the right to testify. If defense counsel does not so state, the trial court should determine by inquiry addressed to counsel that the defendant has been so advised.