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Criminal Law: Trespass-Right To Counsel-Arraignment
Staff Report//September 15, 2023
Where a defendant challenged convictions that included first-degree trespass and peace disturbance, arguing that the charges should be dismissed because appointed counsel was not present at his arraignment when the court made an initial bail determination, the failure to appoint counsel for the arraignment did not violate Rule 31.02(a) or the Sixth Amendment because Missouri arraignments do not constitute a “critical stage” of the proceeding and the bail hearing did not result in the defendant giving up any important rights or potential defenses, so the judgment is affirmed since the evidence was sufficient to convict the defendant of trespass.
Judgment is affirmed.
State v. Logan (MLW No. 80505/Case No. WD85831 – 21 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Boone County, Morrell, J. (Matthew G. Mueller, St. Louis, for appellant) (Craig A. Johnston, Columbia, for respondent).
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