State v. Clary
Annotate this CaseAppellant Charles Clary was charged with aggravated burglary and assault with a weapon. The day before the omnibus hearing, Clary's attorney filed a motion to have Clary transported to the proceeding. The district court did not rule on the motion, and the omnibus hearing proceeded without Clary present. Clary subsequently insisted on proceeding pro se, which the district court allowed. The jury found Clary guilty as charged. The Supreme Court affirmed the judgment of the trial court, holding (1) Clary's right to be present at all critical stages of his criminal proceeding was not violated by his absence from the omnibus hearing where the hearing did not constitute a critical stage requiring Clary's presence; and (2) the district court did not err in allowing Clary to continue pro se without conducting further inquiry into Clary's complaints regarding his attorney where substantial evidence supported the court's finding that Clary made a voluntary, knowing and intelligent waiver of his right to counsel and Clary did not request substitute counsel.
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