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Criminal Practice – Constitutional – Right to Counsel – Waiver – Knowing & Intelligent – Insufficient Showing
State v. Anderson Even though defendant executed a written waiver of counsel which was certified by the trial court, defendant has shown that the trial court failed to determine whether defendant knowingly, intelligently and voluntarily waived his right to counsel. Defendant is entitled to a new trial.
Criminal Practice – Probation Revocation – Constitutional – Right to Counsel – Waiver – Insufficient Judicial Inquiry
State v. Sorrow Even though defendant executed two written waivers of counsel, since it does not appear the trial court conducted a thorough inquiry into whether defendant understood and appreciated the consequences of his decision to proceed pro se or whether defendant comprehended the nature of the charges and proceedings and the range of possible punishments, this failure to conduct th[...]
Domestic Relations – Parent & Child – Termination of Parental Rights – Right to Counsel – Waiver – Competence
In re P.D.R. The respondent-mother was alleged to have mental issues, was appointed a guardian ad litem, and professed not to understand what was going on. Under these circumstances, the trial court had a duty to inquire into the mother's competence not only to waive counsel, but also to represent herself in the proceedings to terminate her parental rights.
Criminal Practice – Constitutional – Right to Counsel – Forfeiture – Speedy Trial – Capacity to Proceed – Commitment – Driving While License Revoked
State v. Leyshon Where defendant delayed proceedings - through four hearings - by refusing to respond to the court's inquiries about representation by counsel, defendant forfeited his right to the assistance of counsel. We find no error in defendant's conviction of driving while license revoked.
Constitutional – Right to Counsel – Waiver – Civil Commitment – First Impression
In re Watson. If the respondent in a civil commitment hearing wishes to represent himself, the trial court must conduct a thorough inquiry into the respondent's competency to represent himself...
Criminal Practice – Right to Counsel – Voluntary Waiver – Incomplete Form – Judge’s Colloquy
State v. Paterson. (Lawyers Weekly No. 10-07-1236, 14 pp.) (Robert C. Hunter, J.) Appealed from Forsyth County Superior Court. (Richard L. Doughton, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though defendant’s waiver-of-counsel form was incomplete, and even though the trial judge did not follow the colloquy suggested in […]
Criminal Practice – Controlled Substances – Notice of Intent to Introduce Evidence – Waiver of Right to Counsel – Plain Error
State v. Blackwell. (Lawyers Weekly No. 10-07-0918, 7 pp.) (Donna S. Stroud, J.) Appealed from Person County Superior Court (Donald W. Stephens, J.) N.C. App. Holding: When a defendant is not represented by counsel and the state fails to serve a notice upon him that it intends to use lab results on the nature […]
Criminal Practice – Attorneys – Right to Counsel – Forfeiture of Trial Counsel – Term of Forfeiture – First Impression – Appellate Counsel – Re-Sentencing
State v. Boyd. (Lawyers Weekly No. 10-07-0677, 9 pp.) (Sam Ervin IV, J.) Appealed from Halifax County Superior Court. (Alma L. Hinton, J.) N.C. App. Holding: Even though defendant forfeited his right to representation by counsel at trial, since he accepted the appointment and representation of appellate counsel, his forfeiture of counsel did not extend […]
Criminal Practice – Constitutional – Right to Counsel – Dissatisfaction – Communication & Strategy
State v. Covington. (Lawyers Weekly No. 10-07-0613, 10 pp.) (Barbara Jackson, J.) (Donna S. Stroud, J., concurring in the result) Appealed from Wake County Superior Court. (Carl R. Fox, J.) N.C. App. Holding: The trial court heard defendant’s reasons for wanting substitute counsel: lack communication and disagreement as to trial strategy. However, the record shows […]
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