State v. Curry

423 P.3d 179
CourtWashington Supreme Court
DecidedAugust 16, 2018
Docket94681-7
StatusPublished
Cited by47 cases

This text of 423 P.3d 179 (State v. Curry) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curry, 423 P.3d 179 (Wash. 2018).

Opinions

WIGGINS, J.

¶ 1 After unsuccessfully representing himself at trial, Jerome Curry Jr. appealed his drug convictions to the Court of Appeals, challenging the trial court's decision to allow Curry to represent himself. The Court of Appeals reversed, holding that the trial court should not have granted Curry's request to proceed pro se. The State of Washington now appeals to this court. To determine whether the trial court abused its discretion when it granted Curry's request for self-representation, we must determine whether Curry's request to represent himself was unequivocal. We hold that it was. We therefore reverse the Court of Appeals and remand to the appellate court to resolve the remaining outstanding issues.

FACTS AND PROCEDURAL HISTORY

¶ 2 In 2015, Jerome Curry was facing drug charges and an approaching trial date when he was appointed a new defense attorney. Curry's new attorney determined that he would not be ready for trial by the scheduled date and thus sought a continuance. Curry was unwilling to accept a trial delay, so he asked his attorney to set a motion hearing to allow him to represent himself or, alternatively, to substitute counsel. On Curry's behalf, defense counsel filed a motion to act pro se or select new counsel. The motion explicitly stated that Curry made the request to represent himself "without any equivocation":

Mr. Curry has again requested to represent himself as a Pro Se. He states that he is expressing this desire with knowledge of the possible risks and without any equivocation. The record supports the conclusion that he does in fact understand what it means to represent himself.

Clerk's Papers (CP) at 51. The court held a hearing on the motion. The judge engaged Curry in a lengthy colloquy and ultimately granted Curry's request to proceed pro se.

¶ 3 The colloquy addressed the following subjects: confirmation of Curry's desire to proceed to trial; a recitation of the charges against Curry and the potential sentences *182for those charges; confirmation that Curry understood the charges, potential sentences, and standard ranges; Curry's reason for wanting to proceed pro se, which was to avoid further delay; Curry's education and ability to read and write; Curry's prior experience representing himself, with mixed results; cautionary warnings about self-representation, e.g., "if you are representing yourself, you're on your own," Report of Proceedings (RP) at 10; admonition that if Curry represented himself, he "would still be required to follow the very same rules that the attorney, the prosecutor would have to follow," id. at 11; Curry's reasons for dissatisfaction with current and confirmation that Curry had not been influenced, threatened, or promised anything for representing himself, and that this was "a voluntary decision just from [Curry's] own thinking about it," id. at 14-15.

¶ 4 In addition, the trial judge repeatedly cautioned Curry that self-representation was not a wise choice: "I don't think it's a wise choice to represent yourself....You're facing a lot of downside here if convicted ... and the danger of being convicted of these matters would result in a lot of prison time." Id. at 14.

¶ 5 Curry stated several times that he felt he had "no choice" but to represent himself, id. at 4, 12, and at one point stated that "[i]t's not voluntary. It's I have no choice in the matter," id. at 19. The trial court pursued these remarks, and Curry agreed that he felt he had no choice because he did not want any more continuances of the trial date and his attorney could not be adequately prepared without one or more continuances.1

¶ 6 Ultimately, the trial judge granted the motion and permitted Curry to represent himself. The trial judge also assigned standby counsel and published an order that outlined the findings from the hearing, including a finding that Curry's request to proceed pro se was unequivocal.

¶ 7 Curry represented himself pro se at trial. The jury found Curry guilty on all counts. Curry appealed his convictions, claiming his request for self-representation was not unequivocal. On direct review, the Court of Appeals reversed, holding that Curry's request to represent himself was equivocal and was based on Curry's desire to avoid a trial delay and therefore should not have been granted.

¶ 8 We now reverse the Court of Appeals and hold that Curry's request to represent himself was unequivocal and that the trial court did not abuse its discretion by granting the request.

ANALYSIS

¶ 9 Criminal defendants have a right to self-representation under the Washington Constitution and the United States Constitution. State v. Madsen, 168 Wash.2d 496, 503, 229 P.3d 714 (2010) (citing WASH. CONST. art. I, § 22 ("the accused shall have the right to appear and defend in person"); Faretta v. California, 422 U.S. 806, 819, 95 S.Ct. 2525, 45 L. Ed. 2d 562 (1975) ). However, the right to self-representation is neither self-executing nor absolute. Id. at 504, 229 P.3d 714. In fact, the right to self-representation is in tension with another crucial constitutional right: a defendant's right to the assistance of counsel. State v. DeWeese, 117 Wash.2d 369, 376, 816 P.2d 1 (1991). Because of this tension, a defendant must unequivocally request to proceed pro se before he or she will be permitted to do so. Id. This requirement protects defendants from inadvertently waiving assistance of counsel and protects trial courts from "manipulative vacillations by defendants regarding representation." Id. Additionally, "a trial court must *183establish that a defendant, in choosing to proceed pro se, makes a knowing and intelligent waiver of the right to counsel." Id. at 377, 816 P.2d 1.

¶ 10 Here, Curry contends that his request to proceed pro se was not unequivocal and that, as a result, the trial court abused its discretion when it allowed Curry to represent himself at trial.2 The Court of Appeals reversed the trial court, finding that "[t]he qualifications attached to Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
423 P.3d 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curry-wash-2018.