State v. Bakalov

849 P.2d 629, 1993 WL 87231
CourtCourt of Appeals of Utah
DecidedMarch 17, 1993
Docket910649-CA
StatusPublished
Cited by12 cases

This text of 849 P.2d 629 (State v. Bakalov) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bakalov, 849 P.2d 629, 1993 WL 87231 (Utah Ct. App. 1993).

Opinions

OPINION

GREENWOOD, Judge:

Appellant, Dr. Bojidar Bakalov, appeals from his conviction of rape, a first degree felony, in violation of Utah Code Annotated section 76-5-402 (Supp.1991). Dr. Bakalov contends that the trial court violated his Constitutional right to self-representation. We remand for further proceedings.

BACKGROUND

Dr. Bakalov was born in Varna, Bulgaria. He obtained both an M.D. and a Ph.D. and taught and practiced medicine in Bulgaria and the Soviet Union. In 1989, the American Association of Thoracic Surgery awarded Dr. Bakalov the 1990-91 “Evarts A. Graham Memorial Traveling Fellowship,” which allowed him to study in the United States and to increase his contacts with North American thoracic surgeons. Award candidates were required to be “sufficiently proficient in English to realize the full benefits of the Fellowship.”

Dr. Bakalov arrived in Salt Lake City in the summer of 1990 under the sponsorship of Dr. William Gay, his contact at the University of Utah Medical Center. He met the alleged victim on April 1, 1991, after he had explained to one of her friends that he needed a typist. The two met several times over the next five days to work on Dr. Bakalov’s resumé. On the night of April 6, 1991, the two went for a drive in Dr. Bakalov’s truck. What occurred thereafter is disputed. Dr. Bakalov claimed that they engaged in consensual sexual activity; the woman claimed that Dr. Bakalov forcibly raped her.

At his arraignment on May 17, 1991, Dr. Bakalov informed Judge Richard H. Moffat that he wished to represent himself because he did not want his “fate” affected by representation by someone other than himself. Judge Moffat denied Dr. Baka-lov’s request to represent himself and, over Dr. Bakalov’s objections, ordered attorneys from the Salt Lake Legal Defenders Association to defend him. Judge Moffat stated:

[631]*631Well, the point here is, you do not know the American legal system. You don’t know and are not familiar with the procedures. You don’t know the laws of the State of Utah; and you’re not skilled as a lawyer.... You would be doing yourself a major disservice. You would not be able to adequately represent yourself ... I just can’t, in all good conscience, Dr.[,] allow you to represent yourself in this case.

In a letter to Judge Moffat dated the next day, Dr. Bakalov again requested self-representation. He expressly requested Judge Moffat to “[s]top the authority of any atorney [sic] to represent me,” remarking, “This is my second plea to withdraw all attorneys from my case.”

Due to a scheduling conflict, the case was transferred to Judge Leslie A. Lewis. Dr. Bakalov once again made it clear that he wished to represent himself. In a letter to Judge Lewis dated May 21, 1991, Dr. Bakalov stated, “I want to represent myself.” He also stated, “I cancel all the power of my public defenders to represent me.”

At a hearing on May 24, 1991, Judge Lewis denied Dr. Bakalov’s request, ruling from the bench as follows:

Defendant’s motion to represent himself is denied. The court specifically finds the Legal Defenders Association represented the Defendant at a preliminary hearing, knows the facts of the case, is prepared to proceed and is willing to proceed. Further, the court finds the Defendant’s best interests would not be served by self-representation since the defendant could not effectively represent himself due to communication problems, a lack of knowledge about even the basics of the laws and the American legal system, Defendant’s inability to meet with and meaningfully prepare for trial while in jail.

Dr. Bakalov renewed his request to proceed without legal counsel at the scheduling conference on July 2, 1991. Dr. Baka-lov disclaimed the legal defender attorney as his attorney, stating, “I refuse my attorney.” He also wrote a letter to Presiding Judge Michael Murphy, received July 7, 1991, requesting dismissal of his court appointed attorneys. Dr. Bakalov referred to his attorneys as “pseudoattornies” and complained that they had refused to file motions which he requested.

In his many letters, Dr. Bakalov repeated his belief that his court appointed defense attorneys were working for the State and that they intended to assist in finding him guilty in order to keep in favor with the juries. Dr. Bakalov also expressed a belief that his attorneys were cooperating with Dr. Gay in an attempt to keep Dr. Bakalov and his family from immigrating to the United States. For these reasons, Dr. Bak-alov stated that he did not intend to cooperate with his court appointed attorneys.1

On the first day of trial, Dr. Bakalov, through his attorney, Mr. Valdez, again asked the court to dismiss both Mr. Valdez and Mr. Esqueda as his attorneys. The court denied the motion and assured Dr. Bakalov that he would be given latitude in terms of approaching the court and “essentially engaging in some self representation.” In making its ruling, the court stated:

But in order to move the trial forward and protect his interests, we will go forward with Mr. Valdez and Mr. Esqueda representing him. It’s the court’s determination that he would not be able to knowingly and intelligently waive his right to counsel at this time. His knowledge of the American legal system, his knowledge of the American, or the English language, together with the totality of the issues that have been raised in previous motions in connection with self-[632]*632representation have been carefully considered by the court, and at this time, we will move forward with Mr. Valdez and Mr. Esqueda representing the defendant.

Following a three day bench trial, Judge Lewis found Dr. Bakalov guilty of rape and sentenced him to five years to life in the Utah State Prison. Dr. Bakalov subsé-quently appealed, asserting that the trial court had violated his right to self-representation under the United States and Utah Constitutions.

ANALYSIS

Right to Self-Representation

The right to defend oneself in a criminal prosecution is well established under the Sixth Amendment to the United States Constitution. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). In Faretta, the United States Supreme Court held that the Sixth Amendment implicitly guarantees the right of a competent defendant to represent herself or himself in state criminal actions. Id. at 834-36, 95 S.Ct. at 2541. The Court found that this right must be protected in harmony with the Sixth Amendment’s guarantee to the assistance of counsel. Id. at 834, 95 S.Ct. at 2540.

The Faretta Court detailed the long history of Anglo-American criminal jurisprudence sanctioning self-representation. The opinion noted the only tribunal that had required a competent defendant to have counsel in a criminal proceeding was the infamous Star Chamber.2 Id. at 821, 95 S.Ct. at 2534. When the English abolished the Star Chamber in 1641, “[t]he notion of obligatory counsel disappeared with it.” Id. at 823, 95 S.Ct. at 2535.

Self-representation continued as a common practice in the early colonies. While most of the colonies allowed representation by counsel, most colonists distrusted lawyers.

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

Related

State v. Bridgewaters
2025 UT App 160 (Court of Appeals of Utah, 2025)
State v. Lesky
2021 UT App 67 (Court of Appeals of Utah, 2021)
State v. Bilek
2018 UT App 208 (Court of Appeals of Utah, 2018)
Lucero v. Kennard
2004 UT App 94 (Court of Appeals of Utah, 2004)
State v. McDonald
922 P.2d 776 (Court of Appeals of Utah, 1996)
State v. Tenney
913 P.2d 750 (Court of Appeals of Utah, 1996)
State v. Bakalov
864 P.2d 1370 (Court of Appeals of Utah, 1993)
State v. Bakalov
862 P.2d 1354 (Utah Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
849 P.2d 629, 1993 WL 87231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bakalov-utahctapp-1993.