United States v. Hamett, No. 19-5054 (10th Cir. 2020)
Annotate this CaseDefendant-appellant Randy Hamett was convicted of kidnapping, possession of a stolen firearm, and possession of firearms while subject to a domestic violence protective order. Hamett was represented by counsel throughout much of his jury trial. Near the end of the government’s case-in-chief, however, Hamett requested a sealed ex parte hearing, where he discussed with the court, with his counsel present, the possibility of representing himself. At this hearing, despite stating that he “ha[d] two great attorneys,” but Hamett asked the district court if he could “talk to another attorney . . . that might be able to answer just some legal [] questions.” The court declined this request, giving Hammett two options: to continue with his appointed counsel, or to proceed pro se. Hamett stated that he did not want to represent himself, and the trial resumed. At the conclusion of the government’s case-in-chief, Hamett requested another sealed ex parte hearing with his attorneys and the court. At this hearing, Hamett asked the court various questions regarding post-conviction relief and his right to appeal. He then told the court that he would like to take over his own representation in order to recall various witnesses to demonstrate “untruths.” Hamett acknowledged he did not know the elements of the crimes of which he was charged, nor had he read the jury instructions. At the conclusion of its colloquy, the district court allowed Hamett to proceed pro se, “based upon [Hamett's] knowledge of the facts in wanting to ask questions that counsel have not asked for their own strategic reasons.” Trial resumed with the assistance of standby counsel. Hamett recalled various witnesses and made his own closing argument. The jury convicted Hamett on all three counts. Hamett was appointed new counsel to represent him at sentencing. The Tenth Circuit reversed conviction, "considering the rigorous restrictions on the information that must be conveyed to a defendant before permitting him to waive counsel at trial," the Court found the district court’s warnings did not adequately ensure Hamett was aware of the dangers and disadvantages of self-representation. Furthermore, the Court held there were no case-specific factors permitting it to conclude that, despite the inadequate warnings, the district court nevertheless correctly determined that Hamett’s waiver of his right to counsel was knowing and intelligent when it was made. Accordingly, the Court concluded the district court erred in finding Hamett knowingly and intelligently waived his right to counsel.
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