State v. Braswell
Annotate this CaseDefendant was convicted of kidnapping in the second degree and interfering with an officer. On appeal, Defendant argued, among other claims, that the trial court improperly denied him his right to self-representation because the denial was based on incorrect grounds - the adequacy of defense counsel. The Appellate Court agreed and reversed, concluding that the trial court’s denial of Defendant’s motion to proceed pro se was improper and that the improper ruling was structural error. The Supreme Court affirmed, holding (1) the trial court’s denial of Defendant’s request to represent himself was clear and conclusive, and therefore, Defendant’s subsequent conduct did not effect a waiver of his right to self-representation; and (2) the trial court’s denial of Defendant’s request was improper, and the improper denial of the request was structural error.
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