State v. Leyshon, 211 N.C.App. 511, 710 S.E.2d 282 (May. 3, 2011)

The trial court did not err by allowing the defendant to proceed pro se where the defendant forfeited his right to counsel. In July 2007, the defendant refused to sign a waiver of counsel form. At a Jan. 2008 hearing, the court twice advised the defendant of his right to counsel and repeatedly asked if he wanted a lawyer. The defendant refused to answer, arguing, “I want to find out if the Court has jurisdiction before I waive anything”. Even after the court explained the basis of its jurisdiction, the defendant refused to state if he wanted an attorney, persistently refusing to waive anything until jurisdiction was established. At a July 2008 hearing, the defendant would not respond to the court’s inquiry regarding counsel, asserting, “I’m not waiving my right to assistance of counsel,” but also refusing the assistance of the appointed attorney. At the next hearing, he continued to challenge the court’s jurisdiction and would not answer the court’s inquiry regarding whether he wanted an attorney or to represent himself. Instead, he maintained, “If I hire a lawyer, I’m declaring myself a ward of the Court . . . and the Court automatically acquires jurisdiction . . . and I’m not acquiescing at this point to the jurisdiction of the Court.” The defendant willfully obstructed and delayed the proceedings and thus forfeited his right to counsel.

Error | UNC School of Government


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