Forfeiture of Counsel and "Gray Area" Defendants

I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment of the right to counsel. Forfeiture of the right to counsel involves an involuntary relinquishment of the right, typically because of misconduct. A recent case, State v. Cureton, involves a twist on the forfeiture question. Specifically, it addresses whether forfeiture is permissible vis-à-vis an Indiana v. Edwards “gray area” defendant. Recall that in Indiana v. Edwards, 554 U.S. 164 (2008), the U.S. Supreme Court held that a state may limit a defendant’s right to self-representation by insisting on representation by counsel at trial when the defendant is competent to stand trial but lacks the mental capacity to conduct the defense unless represented. The Court described such defendants as “gray area” defendants. After an initial hiccup in the case law after Edwards, the North Carolina Supreme Court clarified the implications of Edwards with respect to waivers of counsel: For a defendant whose competence is at issue, he must be found [competent] before standing trial. If that defendant, after being found competent, seeks to represent himself, the trial court has two choices: (1) it may grant the motion to proceed pro se, allowing the defendant to exercise his constitutional right to self-representation, if and only if the trial court is satisfied that he has knowingly and voluntarily waived his corresponding right to assistance of counsel . . . ; or (2) it may [...]