State v. Worthy

583 N.W.2d 270, 1998 Minn. LEXIS 524, 1998 WL 498756
CourtSupreme Court of Minnesota
DecidedAugust 20, 1998
DocketC8-96-1928, C3-96-1948
StatusPublished
Cited by106 cases

This text of 583 N.W.2d 270 (State v. Worthy) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Worthy, 583 N.W.2d 270, 1998 Minn. LEXIS 524, 1998 WL 498756 (Mich. 1998).

Opinion

OPINION

GILBERT, Justice.

In this case, respondents Barnell Worthy and Marvin McKinnis voluntarily and without justification absented themselves from the courtroom after their criminal trial had commenced. On the morning the trial started, both Worthy and McKinnis attempted to delay the proceeding by firing their court-appointed attorneys without good cause. They then used the court’s denial of their request for a continuance to obtain private attorneys as an excuse to refuse to remain in the courtroom. On appeal, Worthy and McKin-nis asserted that under such circumstances, the trial court was required, against Worthy’s and McKinnis’s express wishes, to force Worthy and McKinnis to accept the appointed attorneys. The court of appeals agreed, concluding that conducting a criminal trial with voluntarily absent pro se defendants and no one advocating for their interests violates the United States Constitution. We disagree and reverse.

On the night of March 28, 1996, McKinnis, Worthy, and another man drove a moving truck from Minneapolis to Montevideo, Minnesota to burglarize a tire store. Three more accomplices followed in a pickup truck. All six arrived at the store after midnight on March 29. Jamain Ware, one of the accomplices in the pickup truck, was dropped off in front of the store while the other two accomplices stayed in the pickup truck. McKinnis backed the moving truck into the store’s large overhead doors, breaking the doors and creating a space between the ground and the bottom of the door. Then, while Worthy and Ware stood outside the store as lookouts, McKinnis crawled inside the store and slid the tires out.

Meanwhile, at approximately 1:15 a.m., the store owner, George Modderman, and deputies from the Chippewa County Sheriffs Office, responded to the store’s silent alarm. When Ware spotted the police car, he shouted and everyone ran. Ware, McKinnis, and Worthy made their way back to the road where their accomplices picked them up in the pickup truck. When Modderman and the deputies arrived at the store, they found the moving truck backed into the door, but no one at the scene. They saw fresh footprints leading to a muddy field next to the store and up to the road.

Shortly afterwards, a Chippewa County Sheriffs Deputy saw the pickup truck heading east and ordered the driver to pull over. There were three people in the cab of the pickup truck, and McKinnis, Worthy, and Ware were in the back. McKinnis, Worthy, and Ware were wearing dark clothing and had fresh mud covering their shoes and pant legs. In the pickup truck the deputies found a tire iron, a flashlight, three wet pairs of gloves, a pager, two pairs of mittens, four stocking caps, a cellular phone, bolt cutters, a *274 tool to remove semi tires, an electronic nightstick, and a wrecking bar. AH six people in the pickup truck were arrested and taken to the sheriffs department.

Worthy and McKinnis were subsequently charged with burglary, criminal damage to property, and attempted theft. Both had their first appearance in court on April 1, 1996, at which time the trial court ordered public defenders to represent them. At their arraignments on April 15, both Worthy and McKinnis pled not guilty and made speedy trial demands. In the ensuing weeks, their attorneys made various pretrial motions on their behalf. These included motions on Worthy’s behalf for elimination of bail, dismissal of the complaint for lack of probable cause, suppression of evidence, and change of venue. McKinnis’s attorney moved to dismiss the complaint for lack of probable cause and for the suppression of evidence. The court denied all motions and a pretrial conference was held for both Worthy and McKinnis on May 6,1996.

The trial court set McKinnis’s trial to begin on May 15. Worthy’s trial date was June 4. McKinnis attempted to withdraw his speedy trial demand. On May 10, against the advice of his attorney, McKinnis moved to consolidate his trial with Worthy’s. McKinnis’s attorney indicated to the trial court that McKinnis wanted to avoid being the first of the multiple defendants charged to be tried. The court granted the motion to consolidate, and the jury trial commenced on May 15 and concluded on May 16.

On the first morning of Worthy’s and McKinnis’s trial, their court-appointed attorneys informed the court that Worthy and McKinnis had indicated that they would not participate in their trial. After the first prospective juror was questioned, the court brought Worthy and McKinnis to the courtroom. Both men told the court that they wanted to hire private attorneys because they were not satisfied with the way their attorneys were representing them. Specifically, Worthy and McKinnis fired their attorneys because the attorneys told them that they did not have a strong ease. Worthy and McKinnis could not provide the court with certificates of representation from any new attorney, or even the names of potential attorneys.

After refusing to grant a continuance at this late stage, the trial court explained to Worthy and McKinnis that if they rejected representation by their court-appointed attorneys they could proceed pro se with their former attorneys acting as advisory attorneys. The court also told them that they would have to be present when the jury was sworn, but that they could then go back to their cells if they chose. Contrary to the advice of the trial court, both Worthy and McKinnis then fired their attorneys and refused to participate in their trial. The court then appointed their former attorneys as advisory attorneys and Worthy and McKinnis left the courtroom. Voir dire continued with questions being posed by the prosecutor and by the court. Soon after, Worthy and McKinnis rehired and then refired their attorneys.

That afternoon, Worthy and McKinnis reconfirmed that they wanted to fire their court-appointed attorneys and hire private attorneys and that neither of them would participate in the trial. The trial court concluded that both Worthy and McKinnis were attempting to delay the trial because they would like to be the last of the six people charged to stand trial. Their trial proceeded without Worthy and McKinnis in the courtroom. Although the advisory attorneys did not participate in voir dire, the trial court questioned prospective jurors and excused several based on their potential bias. Worthy and McKinnis were present when the jury was sworn.

On the second day of trial, Worthy and McKinnis again refused to participate and the trial court indicated that it had not heard from any private attorney acting on their behalf. During trial, the advisory attorneys were present but did not make objections, call or cross-examine witnesses, or give opening or closing arguments. The state made an opening statement, a closing argument, and called five witnesses.

When the trial court was ready to read the verdict, the court, through the sheriffs department, asked if Worthy and McKinnis *275 were willing to appear for the receiving of the verdict. The trial court stated that Worthy and McKinnis “vehemently and with some obscenity exclamations of various types” refused to participate in receiving the verdict. The court determined that it would not be in the interests of justice to require Worthy and McKinnis to be present for the reading of the verdict.

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Cite This Page — Counsel Stack

Bluebook (online)
583 N.W.2d 270, 1998 Minn. LEXIS 524, 1998 WL 498756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-worthy-minn-1998.