McDaniel v. State

761 S.E.2d 82, 327 Ga. App. 673
CourtCourt of Appeals of Georgia
DecidedJune 20, 2014
DocketA14A0674
StatusPublished
Cited by13 cases

This text of 761 S.E.2d 82 (McDaniel v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDaniel v. State, 761 S.E.2d 82, 327 Ga. App. 673 (Ga. Ct. App. 2014).

Opinion

Boggs, Judge.

Danny McDaniel appeals from his convictions of mortgage fraud and theft by taking. He contends that he is entitled to a new trial, [674]*674because (1) he did not knowingly and intelligently waive his Sixth Amendment right to counsel, and (2) the trial court abused its discretion by denying his request for a continuance to hire counsel. For the reasons explained below, we reverse and remand for a new trial.

1. Relying upon Faretta v. California, 422 U. S. 806 (95 SCt 2525, 45 LE2d 562) (1975) and Clarke v. Zant, 247 Ga. 194 (275 SE2d 49) (1981), McDaniel asserts that the trial court failed to properly advise him of his rights under Faretta, and failed to make a finding as to whether he knowingly and voluntarily waived his right to counsel. In the Supreme Court of Georgia’s oft-cited opinion in Clarke v. Zant, it summarizes the protections afforded a defendant seeking to represent himself as follows:

Faretta[, supra,] held that while a criminal defendant has an absolute right to counsel in any prosecution which could result in imprisonment, the accused also has a fundamental right to represent himself in a state criminal trial “when he voluntarily and intelligently elects to do so.” Faretta at 806. Faretta also states at 835: “Although a defendant need not himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that ‘ “he knows what he is doing and his choice is made with eyes open.” ’ Adams v. United States ex rel. McCann, [317 U. S. 269, 279 (63 SCt 236, 87 LE 268) (1942)].” . . . “The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case including the background, experience, and conduct of the accused. [Cit.]”

Id. at 195-196. It then held

that in future cases, the record should reflect a finding on the part of the trial court that the defendant has validly chosen to proceed pro se. The record should also show that this choice was made after the defendant was made aware of his right to counsel and the dangers of proceeding without counsel.

Id. at 197.

[675]*675Following the Supreme Court’s opinion in Clarke v. Zant, this court held:

In order to establish a valid waiver,... such waiver must be made with an apprehension of [1] the nature of the charges, [2] the statutory offenses included within them, [3] the range of allowable punishments thereunder, [4] possible defenses to the charges and [5] circumstances in mitigation thereof, and [6] all other facts essential to a broad understanding of the matter.

(Citation and punctuation omitted.) Prater v. State, 220 Ga. App. 506, 509 (469 SE2d 780) (1996). When a defendant argued that a new trial should be granted based upon an absence of evidence in the record showing each of these six factors, the Supreme Court clarified that while “it would be helpful, it is not incumbent upon a trial court to ask each of the questions set forth in Prater. The record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver. [Cits.]” Wayne v. State, 269 Ga. 36, 38 (2) (495 SE2d 34) (1998). See also State v. Evans, 285 Ga. 67, 68-69 (673 SE2d 243) (2009).

(a) We find no merit in McDaniel’s claim with regard to the trial court’s alleged failure to make a finding that he knowingly and voluntarily waived his right to counsel. First, in Brooks v. State, 243 Ga. App. 246, 248 (1) (a) (532 SE2d 763) (2000), this court rejected an argument that “a trial judge’s failure to articulate ‘on the record’ a specific finding that a defendant knowingly waived his right to counsel is error per se, regardless of the facts and circumstances of a particular case.” Id. A majority of this court concluded that “while such finding is preferable, its omission is not error when the record as a whole demonstrates a defendant’s knowing waiver. [Cits.]” (Emphasis in original.) Id. Additionally, this court has held that a trial court’s determination of a knowing and voluntary waiver within an order denying a motion for new trial qualifies as a finding on the record. Stevens v. State, 199 Ga. App. 563, 566 (2) (405 SE2d 713) (1991). In this case, the trial court found, in a detailed written order denying McDaniel’s motion for new trial, “that the Defendant knowingly and voluntarily waived his right to counsel after being apprised of the risks of self-representation.”

(b) We now consider whether the particular facts and circumstances of this case show that McDaniel “was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver. [Cits.]” Wayne, supra, 269 Ga. at 38 (2). “The state [676]*676has the burden of demonstrating that the defendant received sufficient information and guidance from the trial court to make a knowing and intelligent waiver of the right to counsel.” (Citations, punctuation and footnote omitted.) Cox v. State, 317 Ga. App. 654, 655 (732 SE2d 321) (2012).

The record shows that McDaniel was arrested in September 2010 on charges relating to mortgage fraud and remained in jail following his arrest. On April 14,2011, he was indicted for residential mortgage fraud and theft by taking. On May 24, 2011, the same day as his arraignment, McDaniel filed a three-page motion to proceed pro se and a two-page motion for discovery material under Brady v. Maryland, 373 U. S. 83 (83 SCt 1194, 10 LE2d 215) (1963).

In his motion to proceed pro se, McDaniel stated that he “originally had hired a local attorney to represent him in these allegations, and due to ineffective assistance in his representations, Defendant fired counsel”; that he “prefers to represent himself, rather than be subjected to more ineffective counsel representations, by either the Public Defender’s office or a local 'Good’ attorney”; that he “has experience in self-representation in state courts in the past, [and] was a law clerk for 3 years in the Federal System, filing many appeals in the District and Circuit Courts, up, and, to[ ], the United States Supreme Court”; that “Defendant’s allegations are not complex, per se, and with the substantive evidence in support of his defense, he feels that upon certain pre-trial motions, these allegations should be dismissed. If not, Defendant is confident that he can survive a jury trial.” He also asked for access to a law library and a copy of the Georgia Rules of Criminal Procedure.

The transcript of a June 28, 2011 status conference begins with the trial court determining that the State did not oppose McDaniel’s motion to proceed pro se.1 McDaniel then informed the trial court that he did not qualify for a public defender and did not wish to hire counsel.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jimmy L. Taylor v. State
Court of Appeals of Georgia, 2025
Jacob Rivera v. State
Court of Appeals of Georgia, 2024
Giacobi Trevell Kelly v. State
Court of Appeals of Georgia, 2022
Ronald Coy Stewart v. State
Court of Appeals of Georgia, 2021
ALLEN v. DAKER (And Vice Versa)
858 S.E.2d 731 (Supreme Court of Georgia, 2021)
Ashley Nicole Wright v. State
Court of Appeals of Georgia, 2020
Cameron Allen Faulkner v. State
Court of Appeals of Georgia, 2020
Raekwon Cade v. State
Court of Appeals of Georgia, 2019
RUTLEDGE v. the STATE.
829 S.E.2d 176 (Court of Appeals of Georgia, 2019)
Deborah Saunders v. State
Court of Appeals of Georgia, 2018
Saunders v. State
815 S.E.2d 622 (Court of Appeals of Georgia, 2018)
Tamarat Martin-Argaw v. State
Court of Appeals of Georgia, 2017
MARTIN-ARGAW v. the STATE.
806 S.E.2d 247 (Court of Appeals of Georgia, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
761 S.E.2d 82, 327 Ga. App. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniel-v-state-gactapp-2014.