Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Leyshon, 211 N.C. App. 511 (May. 3, 2011)
The trial court did not err by appointing counsel for the defendant where there was no clear and unequivocal waiver. The defendant refused to answer whether he waived or asserted his right to counsel and made contradictory statements on the issue. He stated: “I’m not waiving my right to assistance of counsel,” “I want to retain my right”, and “I’m reserving my rights”. He also said: “I don’t need an attorney”, “I refuse his counsel”, and “I’ll have no counsel”.