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Criminal Practice – Constitutional – Right to Counsel – Waiver – Insufficient Colloquy
Teresa Bruno, Opinions Editor//December 20, 2017//
Criminal Practice – Constitutional – Right to Counsel – Waiver – Insufficient Colloquy
Teresa Bruno, Opinions Editor//December 20, 2017//
State v. Pena (Lawyers Weekly No. 011-395-17, 23 pp.) (Donna Stroud, J.) Appealed from Mecklenburg County Superior Court (Robert Sumner & Eric Levinson, JJ.) N.C. App.
Holding: Where a hearing transcript reveals that one judge failed to conduct a sufficient colloquy before allowing defendant to proceed pro se, and where the trial transcript is inadequate to allow the court to determine whether the trial judge went through the colloquy required by G.S. § 15A-1242, defendant is entitled to a new trial.
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