State v. Krause
Annotate this CaseAppellant was charged with three counts of fourth-degree controlled substance crime and one count of possession of a firearm by an ineligible person. A public defender was appointed to represent him. Prior to trial, the chief public defender made a motion seeking a discharge of the public defender and an order that Defendant had forfeited his right to counsel by manipulating the court and making threatening statements to his lawyer. After an evidentiary hearing at which Defendant was present but not represented by counsel, the court granted the motion, holding that Defendant had forfeited his right to counsel due to his severe misconduct. Defendant subsequently appeared pro se at his jury trial. The jury found him guilty of all counts. The court of appeals affirmed. The Supreme Court reversed in part, holding that the district court denied Defendant his procedural due process rights. The Court remanded the case to the district court for an evidentiary hearing, at which Defendant would be entitled to due process protections, to determine whether Defendant engaged in "extremely serious misconduct" warranting forfeiture of his right to counsel.
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