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Home / Opinions / Courts / Court of Appeals, Eastern District / Criminal Law: Right to Counsel-Waiver-Self-Representation

Criminal Law: Right to Counsel-Waiver-Self-Representation

Where a defendant argued that a trial court erred in accepting his request to waive counsel and represent himself pro se, the record showed that the waiver of the right to counsel was knowing and voluntary, and the court did not err in failing to rescind the defendant’s right to self-representation when he showed that he was unable to follow the court’s rules, and the judgment is affirmed because the court is entitled but not required to appoint counsel for an obstructionist defendant over defendant’s objections because the defendant has the right to not participate in trial.

Judgment is affirmed.

State v. Davis (MLW No. 73249/Case No. ED106285 – 16 pages) (Missouri Court of Appeals, Eastern District, per curiam) Appealed from circuit court, Cape Girardeau, Lewis, J. (Christian Lehmberg for appellant) (Gregory L. Barnes for respondent).