State of Maine v. Bartolo P. Ford, 2013 ME 96

Ford led Auburn police on a high-speed chase after suspecting stolen concrete well tiles in his truck bed; he crashed his dump truck into a stream.
During the chase Ford rammed pursuing patrol cars, causing serious damage and nearly striking an officer.
Ford surrendered after crashing, appearing wet, disheveled, and with a bleeding hip.
At trial, Ford claimed a mental abnormality (PTSD) and presented expert testimony about flashback states influenced by medications, concussion, and trauma.
Defense counsel did not pursue self-defense or voluntary intoxication defenses; the court did not give those jury instructions; Ford did not testify and the trial court asked if he would testify.
Ford was represented by counsel, and he explicitly objected to the defenses and elected not to testify through counsel; the judgment affirmed without a direct testimonial colloquy with Ford

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to instruct on self-defense and voluntary intoxication was reversible error	Ford asserts obvious error despite waiver	State contends waiver bars obvious error review	No error; waiver precludes obvious-error review
Whether Ford's waiver of the right to testify was properly established and effectual	Ford contends no clear on-record waiver of testimony right	State argues waiver occurred via representation and circumstances	Waiver valid; no error in confirming election through counsel

State v. Berube, 669 A.2d 170 (Me. 1995) (obvious error when defense generated by evidence not instructed)
State v. Davis, 528 A.2d 1267 (Me. 1987) (obvious error when defense generating evidence requires instruction)
State v. Begin, 652 A.2d 102 (Me. 1995) (obvious error for failing to instruct on a statutory defense generated by the evidence)
State v. Grover, 460 A.2d 581 (Me. 1983) (limits on instruction when defense not pursued by defendant)
State v. Giglio, 441 A.2d 303 (Me. 1982) (unrequested instruction helpful but not required to override strategy)
State v. Cleaves, 2005 ME 67 (Me. 2005) (waiver of defense instruction permitted under 17-A M.R.S. § 101(1))
State v. Allen, 2006 ME 21 (Me. 2006) (acknowledges waiver principle and limits of appellate review)
State v. Tuplin, 2006 ME 83 (Me. 2006) (waiver of right to testify determined by totality of circumstances)
State v. Trott, 2004 ME 15 (Me. 2004) (post-conviction review remedy for ineffective assistance)
Owens v. United States, 483 F.3d 48 (1st Cir. 2007) (represented defendant rights to testify discussed; applicable logic cited)
State v. Cleaves, 2005 ME 67 (Me. 2005) (confirms waiver approach to defenses)