Graves v. State

912 P.2d 234, 112 Nev. 118, 1996 Nev. LEXIS 25
CourtNevada Supreme Court
DecidedFebruary 29, 1996
Docket24957
StatusPublished
Cited by37 cases

This text of 912 P.2d 234 (Graves v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graves v. State, 912 P.2d 234, 112 Nev. 118, 1996 Nev. LEXIS 25 (Neb. 1996).

Opinions

[120]*120OPINION

By the Court,

Shearing, J.:

Police investigators observed appellant Arthur J. Graves, within hours after his release from the Clark County Detention Center, entering casinos, suspiciously walking up and down the aisles, observing and spying on casino patrons, and exiting. He allegedly attempted to steal from a patron at the Fremont Casino and a casino cage at the Horseshoe Casino. The next evening, after police investigators observed Graves and two individuals enter a casino, walk around observing patrons, and approach the patrons, but observing no criminal act, the police, without a warrant, arrested Graves.

On the first day of trial, Graves moved the court to allow him to represent himself. After canvassing Graves, the district court granted Graves’ request, but postponed the trial for three weeks to allow him to prepare for trial. Graves objected, arguing that [121]*121the postponement would deny him the right to trial within sixty days. The district court overruled Graves’ objection. Graves was convicted at trial, pursuant to a jury verdict, on two counts of burglary.

On appeal, Graves claims that he did not knowingly and intelligently waive his right to counsel. He also asserts other errors: lack of substantial evidence to support the jury’s verdict, improper joinder of charges, denial of his right to a speedy trial, and the warrantless arrest.

On the first day of trial, Graves’ appointed attorney informed the district court that Graves wished to bring a motion before the court to be appointed as his own counsel. The following canvass ensued:

THE COURT: You desire to represent yourself still, Mr. Graves?
THE DEFENDANT: Yes.
THE COURT: I’m going to give you a canvas [sic], which we need to do to see if you’re able to do that.
First off, let me say it amazes me you would want to do this. You have one of the best, if not the best criminal attorney [sic] in this town and you want to set him aside and represent yourself?
THE DEFENDANT: If it’s okay with the Court I’d like to do that.
THE COURT: It’s your choice to make. I just want you to know some of the things involved in making that choice.
You do know you have a constitutional right under the Faretta ruling to represent yourself if you wish to; do you?
THE DEFENDANT: Yes.
THE COURT: Have you talked this over with your attorney?
THE DEFENDANT: Yes, I have.
THE COURT: And you wish to represent yourself?
THE DEFENDANT: Yes, I do.
THE COURT: Do you think it would be in your best interest to do so?
THE DEFENDANT: Yes, I do.
THE COURT: I have to tell you that if you do represent yourself, that you’ll be held to every standard as far as procedure and all the rules of the Court that you would have if you had the assistance of an attorney; do you understand that?
THE DEFENDANT: Why [sic], Your Honor.
THE COURT: You also understand you’ll be giving up some rights, some constitutional rights which you might [122]*122have had if you had had an attorney when you act as your own attorney; do you understand that?
THE DEFENDANT: Right, Your Honor.
THE COURT: One of those rights is if you act as your own counsel you cannot then at a later time have an appeala-ble issue on ineffective assistance of counsel because you’ll be doing that yourself.
THE DEFENDANT: Right.
THE COURT: Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: So even if you are ineffective, no matter how ineffective you are, you lose that right at any later time on appeal to say that you had ineffective assistance of counsel; do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Have you had an opportunity to look at all the discovery that Mr. Amundson has provided you?
THE DEFENDANT: Yes, Your Honor, I’ve had preliminary transcript for over a month, I have the police reports. I’m ready, Your Honor. I’ve reviewed them several times.
THE COURT: I want you to know that I, especially in this case, since you have a good attorney representing you, that I think it’s a mistake for you to represent yourself; do you understand that?
THE DEFENDANT: Yes.
THE COURT: I also have to inform you that you will have no license to abuse the dignity of the Court if you represent yourself; that is, I’ll hold you to the same standard of decorum and same — and all the same rules if you represent yourself. And if it comes to the point you do disrupt the Court when you represent yourself, do you understand that I will then terminate your representation and assign an attorney to finish out the trial? Do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: In other words, you just have to be as nice as an attorney would be in representing yourself.
THE DEFENDANT: I understand.
THE COURT: Sometimes that isn’t too nice but you’ll at least be held to that same standard; do you understand that?
THE DEFENDANT: Yes, Your Honor.
THE COURT: Do you also understand that at the time of trial, if you represent yourself, I’m going to appoint Mr. Amundson to be your stand-by counsel; do you understand that?
[123]*123THE DEFENDANT: Yes, Your Honor.
THE COURT: And he’ll be sitting there and you can ask him anything you wish to ask him about procedure, but I’ll not allow him to react to the procedure in any other way. That is, I won’t be allowing your stand-by counsel to make any objections or anything else during the course of a trial. When an objection is missed at trial it will be because you missed it and that’s one of the penalties of representing yourself?
THE DEFENDANT: Yes.
THE COURT: But I will allow you at the time of trial, I’ll give you time to talk to Mr. Amundson and inquire of him of any advice that you may need at the time of trial; do you understand that?
THE DEFENDANT: Yes, sir.
THE COURT: In the dissenting opinion of Feretta [sic], after they say that it’s a constitutional right of a defendant to be able to represent himself, they also say that gives the defendant a constitutional right to make a fool of himself because of the old proverb which says one who represents himself has a fool for a client.
THE DEFENDANT: Yes, Your Honor.

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Bluebook (online)
912 P.2d 234, 112 Nev. 118, 1996 Nev. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-state-nev-1996.