Bradley v. State

58 So. 3d 1166, 2011 Miss. LEXIS 175, 2011 WL 1168015
CourtMississippi Supreme Court
DecidedMarch 31, 2011
DocketNo. 2009-KA-01948-SCT
StatusPublished
Cited by2 cases

This text of 58 So. 3d 1166 (Bradley v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradley v. State, 58 So. 3d 1166, 2011 Miss. LEXIS 175, 2011 WL 1168015 (Mich. 2011).

Opinion

RANDOLPH, Justice,

for the Court:

¶ 1. Following his indictment for third-offense felony shoplifting, Reginald DeSh-awn Bradley proceeded to trial in the Circuit Court of Lowndes County, Mississippi, represented by court-appointed counsel. At trial, Bradley moved to represent himself. Pursuant to Uniform Circuit and County Court Rule 8.05, the circuit court examined Bradley and informed him of the risks of pro se representation. See URCCC 8.05. Thereafter, the circuit court allowed Bradley to represent himself, with his appointed counsel ordered to act as “standby counsel.” From Bradley’s subsequent conviction and sentence to five years imprisonment in the custody of the Mississippi Department of Corrections (“MDOC”), and the denial of his post-trial motions, proceeds the present appeal.

FACTS

¶2. Bradley was indicted for third-offense felony shoplifting under Mississippi Code Section 97-23-93. See Miss.Code Ann. § 97-23-93 (Rev.2006). Thereafter, counsel was appointed for Bradley, and the [1167]*1167matter was set for trial on November 12, 2009.

¶ 3. At trial, following voir dire, Bradley informed the circuit court that he “wanted to speak on [his] own behalf. I want to cross-examine myself.” Bradley’s appointed counsel advised the circuit court that Bradley had “a plethora of motions ... that are usually filed pre-trial and during trial and post-trial, all prepared ... and I’ve advised him that what he needed to do was tell you that he wanted to act as his own attorney.... [F]or an example, he wanted to file a motion for summary judgment....” After examining Bradley and informing him of the dangers and risks of pro se representation, consistent with Uniform Circuit and County Court Rule 8.05, the circuit court permitted Bradley to represent himself. See URCCC 8.05. Bradley’s appointed counsel was ordered to act as “standby counsel.”

¶ 4. Following Bradley’s unsuccessful efforts to exonerate himself, he was convicted and sentenced to five years imprisonment in the custody of the MDOC. After the denial of his post-trial motions, Bradley filed notice of appeal.

ANALYSIS

¶ 5. On appeal, Bradley asserts that the circuit court erred: (1) in allowing him to represent himself; (2) in failing to inform properly him of his right to counsel; and (3) in failing to obtain a knowing and voluntary waiver of his right to counsel in violation of the Sixth Amendment to the United States Constitution. See U.S. Const, amend. VI.

¶ 6. In support of his position, Bradley first cites Conn v. State, 251 Miss. 488, 170 So.2d 20 (1964), which provided that:

“[w]hile an accused may waive the right to counsel, whether there is a proper waiver should be clearly determined by the trial court, and it would be fitting and appropriate for that determination to appear upon the record.” [Johnson v. Zerbst, 304 U.S. 458, 465, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938) ] .... In accordance with these mandatory decisions we hold that there must be an intelligent and competent waiver of counsel by the defendant and that the trial court should so determine, and further, that such determination, as well as the facts on which it is based, should appear on the record.

Conn, 170 So.2d at 23 (other citations omitted). Bradley further cites Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), for the proposition that “[w]hen an accused manages his own defense, he relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel. For this reason, in order to represent himself, the accused must ‘knowingly and intelligently’ forgo those relinquished benefits.” Id. at 835, 95 S.Ct. 2525. Finally, Bradley cites Uniform Circuit and County Court Rule 8.05, which requires that:

[w]hen the court learns that a defendant desires to act as his/her own attorney, the court shall on the record conduct an examination of the defendant to determine if the defendant knowingly and voluntarily desires to act as his/her own attorney. The court shall inform the defendant that:
1. The defendant has a right to an attorney, and if the defendant cannot afford an attorney, the state will appoint one free of charge to the defendant to defend or assist the defendant in his/her defense.
2. The defendant has the right to conduct the defense and that the defendant may elect to conduct the de[1168]*1168fense and allow whatever role (s)he desires to his/her attorney.
3. The court will not relax or disregard the rules of evidence, procedure or courtroom protocol for the defendant and that the defendant will be bound by and have to conduct himself/herself within the same rules as an attorney, that these rules are not simple and that without legal advice his/her ability to defend himself/herself will be hampered.
4. The right to proceed pro se usually increases the likelihood of a trial outcome unfavorable to the defendant.
5. Other matters as the court deems appropriate.
After instructing the defendant and ascertaining that the defendant understands these matters, the court will ascertain if the defendant still wishes to proceed pro se or if the defendant desires an attorney to assist him/her in his/her defense. If the defendant desires to proceed pro se, the court should determine if the defendant has exercised his right knowingly and voluntarily, and, if so, make the finding a matter of record. The court may appoint an attorney to assist the defendant on procedure and protocol, even if the defendant does not desire an attorney, but all disputes between the defendant and such attorney shall be resolved in favor of the defendant.

URCCC 8.05.

¶ 7. Bradley cites the correct law and rule. But a review of the record reveals that the circuit judge exhibited a keen awareness of the law and rule, and properly applied both. The record reflects that Bradley knew that he had a right to counsel, as counsel had been appointed to represent him. Furthermore, Bradley knew that his court-appointed counsel was representing him both before and after Bradley elected to manage his own defense, expressly agreeing to counsel’s continued assistance, by stating, “I don’t mind him just being there, being a standby counsel.... ” Finally, the trial transcript validates the circuit court’s compliance with the law and rule, as noted:

BY THE COURT: ... Now, do you want to represent yourself? Is that what you’re telling me? And have Mr. Goodwin as standby counsel?
[[Image here]]
BY THE DEFENDANT: I can — I will — yeah, I prefer to. I think I’ll help myself better.... [1]
[[Image here]]
BY THE COURT: ... Now, let me tell you this, just so you’ll know: I’ve been involved in a lot of trials in my lifetime. I was an assistant district attorney, and since then I’ve been a judge.

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58 So. 3d 1166, 2011 Miss. LEXIS 175, 2011 WL 1168015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-state-miss-2011.