People v. Doss
Annotate this CaseDoss was convicted of assault with a deadly weapon and battery after the court revoked Doss’s right to represent himself under Faretta v. California (1975). The appeals court held that the trial court applied an incorrect standard, conditionally reversed the judgment and remanded for a new hearing for the court to apply the correct standard. At the hearing, the court may consider any misconduct by Doss since its previous ruling. If the court determines that Doss is not entitled to represent himself in a new trial, the judgment shall be reinstated. If the court determines that Doss is entitled to represent himself, he shall receive a new trial. Even where a defendant is “an obvious security risk and safety precautions [are] justified both in the jail and the courtroom,” such considerations do not necessarily justify revoking pro se status entirely as opposed to merely restricting privileges. The court never determined that Doss’s behavior constituted “serious and obstructionist misconduct” that seriously threatened the core integrity of the trial.
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