Oregon Supreme Ct - April 27, 2017

by: Sara Werboff • April 30, 2017 • no comments

State v. Baughman, 361 Or 386 (2017) (Walters, J.)

State v. Mazzioti, 361 Or 370 (2017) (Walters, J.)

State v. Zavala, 361 Or 377 (2017) (Walters, J.)

Right to Self-Representation - Trial Court Erred as a Matter of Law in Concluding that Defendant Had No Right to Self-Representation Mid-Trial

The court concludes that the trial court erred as a matter of law when it determined defendant had no right to self-representation mid-trial, but that the right to self-representation is not unqualified. Defendant was represented by counsel pretrial and during the first three days of his trial on sex abuse charges. On the fourth day of trial, defendant asked to represent himself but the trial court would not permit him to do that, stating that his right to self-representation "does not start in the middle of the trial." The court explains that the right to self-representation is not unqualified and that when a defendant seeks to self-represent mid-trial, the trial court's decision to allow or deny him that right is reviewed for abuse of discretion. However, here the trial court erred in concluding that when defendant elected to have a court-appointed lawyer, he had relinquished his right to self-represent. Because the trial court did not exercise its discretion and erred as a matter of law, the court reverses defendant's conviction.

State v. Hightower, 361 Or 412 (Landau, J.)