State v. ErumAnnotate this Case
The Supreme Court vacated the judgment of the District Court of the Fifth Circuit finding Defendant guilty of simple trespass and harassment, holding that the record on appeal did not indicate a valid waiver of counsel. Defendant elected to proceed pro se at trial. On appeal, the Supreme Court engaged in a plain error to review to determine whether Defendant’s constitutional right to counsel may have been affected during the proceedings below. The court held that, based on the totality of the circumstances in this case, there was no valid waiver of counsel under the test set forth in State v. Phua.