State v. Langley

705 P.2d 1074, 109 Idaho 119, 1985 Ida. App. LEXIS 723
CourtIdaho Court of Appeals
DecidedSeptember 5, 1985
DocketNo. 15220
StatusPublished
Cited by3 cases

This text of 705 P.2d 1074 (State v. Langley) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Langley, 705 P.2d 1074, 109 Idaho 119, 1985 Ida. App. LEXIS 723 (Idaho Ct. App. 1985).

Opinion

PER CURIAM.

William Langley represented himself on a charge of armed robbery. A jury trial was conducted largely in his absence when Langley refused to participate. He was convicted and he now appeals this conviction, raising the pivotal issue that his decision to waive the assistance of counsel was not made knowingly and intelligently. We find that the record does not indicate Langley’s waiver of counsel was voluntarily, knowingly and intelligently made, and therefore, we reverse and remand. We also briefly address other issues raised by Langley in this appeal.

At Langley’s arraignment, the following dialogue took place between the district judge and Langley:

THE COURT: Mr. Langley, apparently you were represented also by the public defender in the lower court; is that correct, sir?
DEFENDANT LANGLEY: I represented myself px*o se, Your Honor. I proceeded with the guidance of assistance of the public defender as a legal advisor.
[121]*121THE COURT: Well, then, I might ask you: What is your thinking in regard to the attorney in this court?
DEFENDANT LANGLEY: Well, I intend to proceed pro se with the assistance of legal advisors from the public defender’s office. Mr. Laird Stone has been assigned to me.
THE COURT: You would like to continue that arrangement?
DEFENDANT LANGLEY: Yes, sir.
THE COURT: Well, I might advise you that I have been in this business a long time, and I have never yet found a person that has represented themselves very well pro se, and I think it’s a very foolish idea to do so.
DEFENDANT LANGLEY: I’m a fool for a client is what you mean.
THE COURT: I think that’s about it. Even I have an attorney and am in court over in a civil case in Payette, and I’m not representing myself.
DEFENDANT LANGLEY: I would rather proceed pro se, Your Honor.
THE COURT: Very well, then, I have advised you accordingly.
DEFENDANT LANGLEY: Excuse me, Your Honor. I would like the assistance of an attorney as a legal advisor.
THE COURT: Well, I’ll give you that right, and the public defender is there. I hope you reconsider and change your mind in that regard. And to that extent, I’ll reaffirm the public defender to represent you.
DEFENDANT LANGLEY: No. I’ll proceed pro se.
THE COURT: Very well....

On the day of the trial, Langley refused to participate in the trial and walked out of the courtroom as jury selection was about to begin. Previously, at several pretrial court hearings Langley appeared pro se but generally had an attorney from the public defender’s office present as a legal advisor. On the day of trial, however, the record does not show that his standby counsel was present. Langley made only three brief reappearances at trial, once to make a statement on the record in the presence of the jury; once to move, in the absence of the jury, after the state had rested, for a month's continuance “to prepare a defense;” and finally, again in the absence of the jury, to object generally to the trial and to the absence of his legal advisor. Langley also communicated with the judge on occasions by a telephone hookup to a video room where Langley was taken after he walked out of the trial. Therefore, except for brief appearances by Langley, the trial proceeded without him and without any representative for him being present. Through the video hookup Langley viewed and heard the proceedings.

Generally a criminal defendant has a constitutional right to conduct his own defense, however, such a waiver of counsel must be made “knowingly and intelligently.” Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975); accord, State v. Clayton, 100 Idaho 896, 606 P.2d 1000 (1980). Further, the United States Supreme Court has noted that the defendant “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.’ ” Faretta v. California, 422 U.S. at 835, 95 S.Ct. at 2541, quoting Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1942). The standard to be applied in determining whether there has been a valid waiver of the right to counsel is whether there has been a knowing and intelligent relinquishment of a known right, and such determination rests on the facts of each individual case, including the background, experience and conduct of the defendant. Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981); accord State v. Ruth, 102 Idaho 638, 637 P.2d 415 (1981).

The right to counsel is considered so important that a trial judge’s clear and recorded statement of the right followed by the defendant’s affirmative waiver will not necessarily compel a finding of intelligent waiver. Bement v. State, 91 Idaho 388, [122]*122422 P.2d 55 (1966). A penetrating and comprehensive examination of all the circumstances involved in a waiver of counsel must be conducted by the trial judge. Bement v. State, supra. See also, Cohen v. State, 97 Nev. 166, 625 P.2d 1170 (1981); State v. Chavis, 31 Wash.App. 784, 644 P.2d 1202 (1982). This examination should make the defendant aware of the problems inherent in self-representation so that a waiver of counsel is knowingly and intelligently made. State v. Clayton, supra. However, the validity of the waiver of the right to counsel is based not on the question of the defendant’s legal skill and experience in determining his ability to represent himself, but whether the defendant has made a knowing and voluntary relinquishment of his right to counsel. Faretta v. California, supra. See also, State v. Fayle, 134 Ariz. 565, 658 P.2d 218 (App.1982); People v. Lucero, 200 Colo. 335, 615 P.2d 660 (1980); State v. Jessup, 31 Wash.App. 304, 641 P.2d 1185 (1982).

Our Legislature has enacted additional requirements which must be satisfied before a waiver of counsel is accepted. Idaho Code § 19-857 provides:

A person who has been appropriately informed of his right to counsel may waive in writing, or by other record, any right provided by this act, if the court concerned, at the time of or after waiver, finds of record

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Related

State v. Lindsay
864 P.2d 663 (Idaho Court of Appeals, 1993)
State v. Langley
719 P.2d 1155 (Idaho Supreme Court, 1986)

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Bluebook (online)
705 P.2d 1074, 109 Idaho 119, 1985 Ida. App. LEXIS 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-langley-idahoctapp-1985.