Hatfield v. State, 01-285

• Decision Date: 25 October 2001
• Docket Number: 01-285
• Citation: 57 S.W.3d 696
• Parties: MICHAEL DOUGLASS HATFIELD, APPELLANT, VS. STATE OF ARKANSAS, APPELLEE.SUPREME COURT OF ARKANSAS 25 October 2001 APPEAL FROM THE CIRCUIT COURT OF CLEBURNE COUNTY, ARKANSAS, NO. CR99-112; HON. JOHN DAN KEMP, JUDGE, AFFIRMED. TOM GLAZE, Associate Justice Michael Hatfield challenges his convictions for rape and kidnapping, for which he was sentenced to life in prison. On appeal, he does not challenge the sufficiency of the evidence. The point he argues is that the trial court erred in failing to obtain his knowing and intelligent waiver of his right to counsel and in permitting him to proceed pro se at trial. This appeal requires us to determine two issues: first, whether or not Hatfield waived his right to counsel; and second, whether he subsequently relinquished his right to self-representation by permitting his attorney to conduct portions of the trial. Hatfield was charged by information with one count each of kidnapping and rape. The charges stemmed from the abduction of a twelve-year-old girl on
• Court: Arkansas Supreme Court

MICHAEL DOUGLASS HATFIELD, APPELLANT VS STATE OF ARKANSAS, APPELLEE

No. CR01-285

SUPREME COURT OF ARKANSAS

25 October 2001

APPEAL FROM THE CIRCUIT COURT OF CLEBURNE COUNTY, ARKANSAS, NO. CR99-112; HON. JOHN DAN KEMP, JUDGE, AFFIRMED.

TOM GLAZE, Associate Justice

Michael Hatfield challenges his convictions for rape and kidnapping, for which he was sentenced to life in prison. On appeal, he does not challenge the sufficiency of the evidence. The point he argues is that the trial court erred in failing to obtain his knowing and intelligent waiver of his right to counsel and in permitting him to proceed pro se at trial. This appeal requires us to determine two issues: first, whether or not Hatfield waived his right to counsel; and second, whether he subsequently relinquished his right to self-representation by permitting his attorney to conduct portions of the trial.

Hatfield was charged by information with one count each of kidnapping and rape. The charges stemmed from the abduction of a twelve-year-old girl on September 3, 1999. The information was filed on September 10, 1999, and on September 14, 1999, the trial court appointed public defender Dave Harrod to represent Hatfield. At that time, Hatfield entered a plea of not guilty by reason of mental disease or defect and requested a mental evaluation. Harrod continued to represent Hatfield throughout a number of pretrial hearings, and at a hearing on August 1, 2000, Harrod again announced that they were ready for trial, which was scheduled for August 7, 2000. On August 4, 2000, however, Hatfield filed a letter with the circuit court in which he declared that he had "fired Dave Winslow Harrod as my public defender for conflict of interest and disagreement over trial and case management,"and requested that the court appoint him a different public defender.

Hatfield's jury trial began on August 7, 2000. That morning, Harrod mentioned Hatfield's motion, and noted that the court had "indicated by order back to Mr. Hatfield that he either had to use the public defender he was assigned or represent himself." Harrod also said that Hatfield had "indicated . . . that what he'd like to do if at all possible . . . since he's unfamiliar with voir dire is for me to sit in and assist in the jury selection and then he would like to represent himself in open court with the jury." Hatfield agreed with this assessment of the situation, and after addressingseveral other motions, the court and counsel had the following exchange:

The Court: Well, you know even if we follow this procedure with you picking the jury then Mr. Hatfield proceeding with the trial. Then you'll be present during the entire trial and available so he can consult you as necessary. And also, you know, if he wants you to question any witnesses or do anything on his behalf. You're available to do that; you're going to be available stand-by.

Mr. Harrod: Well, I didn't believe that I was going to be able to go fishing, Judge. My assumption was that if he's going to go ahead and do the trial himself so as not confuse him I can sit aside and if he needs to consult then he can ask the court for a moment and we can confer, and, and - and it should be an orderly process.

The Court: As long as you're available.

Mr. Harrod: Yes, sir.

* * * *

Mr. Harrod: Judge, I don't believe there's anything else that needs to be taken up with regard to the defense. And the defense would be prepared to go forward.

The Court: Anything else by the State?

Prosecutor: We'd ask for just a few minutes to find some cases on . . . the court relieving Mr. Harrod. Because there are some questions and some steps that the supreme court has said that the court has to go through.

The Court: Well, he hasn't been relieved. It's just that . . .

Prosecutor: He just wants to try his own case.

The Court: Right.

Prosecutor: And Mr. Harrod will be here to make objections and . .

Mr. Harrod: Well, not exactly. I'll be here . . .

The Court: Right, and to consult with.

Mr. Harrod: I'll -- I'll be available if he's got a question and or if, you now, if there'ssome critical advice he needs, but I'm not going to interfere with his trying the case.

The Court: Or to proceed with the case if he so elects to allow you to do that.

Mr. Harrod: Whatever, Judge. Yes, sir.

The Court: So you're still counsel on the case.

Mr. Harrod: Yes, sir. I just -- I just want [it] clear, Judge, that Mr. Hatfield's desire is to proceed with the case in his own fashion. And his method does not match the defense method, and rather than appear at loggerheads I think his decision to go forward is -- is reasonable. And I -- I think that sitting in a position where I can, you know, if he calls I can be of assistance. I don't mind doing that a bit. If there's any question that comes up on his part I don't mind answering that at all. This is not personal, it's just -- just a --

The Court: Trial strategy.

Mr. Harrod: Trial strategy and case methodology management dis -- disagreement.

The Court: Anything further for the State?

Prosecutor: Your honor, there's not anything further as far as on the motions.

(Emphasis added.) After this exchange, attorney Harrod proceeded to conduct voir dire, which occupied the first day of trial. On the second day, Hatfield gave his own opening statement, and conducted cross-examination of six of the State's eleven witnesses who testified that day.¹

On appeal, Hatfield argues that he was not given the opportunity to knowingly and intelligently waive his right to counsel. The right of a criminal defendant to proceed pro se was delineated in Faretta v. California, 422 U.S. 806 (1975), where the Supreme Court held that "in order to represent himself, the accused must knowingly and intelligently forgo those relinquished benefits [traditionally associated with the right to counsel]." Faretta, 422 U.S. at 835. The Court further stated that, although a defendant need not have the skill and experience of a lawyer in order to competently and intelligently 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." Id. (citing Adams v. United States ex rel. McCann, 317 U.S. 269 (1942)). In Faretta, the Court also concluded that a defendant's technical legal knowledge, as such, is not relevant to an assessment of his knowing exercise of the right to defend himself.

Likewise, this court has long recognized the crucial aspect of informing an accused of his right to represent himself, along with the attendant risks. See, e.g., Williams v. State, 153 Ark. 289, 239 S.W. 1065 (1922); Slaughter v. State, 240 Ark. 471, 400 S.W.2d 267 (1966); Barnes v. State, 258 Ark. 565, 528 S.W.2d 370 (1975). Furthermore, our court has held that the trial court maintains a weighty responsibility in determining whether an accused has knowingly and intelligently waived his right to counsel. Gibson v. State, 298 Ark. 43, 764 S.W.2d 617 (1989) (citing Johnson v. Zerbst, 304 U.S. 458 (1938)); Murdock v. State, 291 Ark. 8, 722 S.W.2d 268 (1987). Every reasonable presumption must be indulged against the waiver of fundamental constitutional rights, Daniels v. State, 322 Ark. 367, 908 S.W.2d 638 (1995), and the burden is upon the State to show that an accused voluntarily and intelligently waived his fundamental right to the assistance of counsel. Oliverav. State, 323 Ark. 743, 918 S.W.2d 690 (1996). Determining whether an intelligent waiver of the right to counsel has been made depends in each case on the particular facts and circumstances, including the background, the experience, and the conduct of the accused. Oliver, 323 Ark. at 749; Beyer v. State, 331 Ark. 197, 962 S.W.2d 751 (1998).

A criminal defendant may invoke his right to defend himself pro se provided that (1) the request to waive the right to counsel is unequivocal and timely asserted, (2) there has been a knowing and intelligent waiver of the right to counsel, and (3) the defendant has not engaged in conduct that would prevent the fair and orderly exposition of the issues. Collins v. State, 338 Ark. 1, 991 S.W.2d 541 (1999); Mayo v. State, 336 Ark. 275, 984 S.W.2d 801 (1999). A specific warning of the dangers and disadvantages of self-representation, or a record showing that the defendant possessed such required knowledge from other sources, is required to establish the validity of a waiver. Bledsoe v. State, 337 Ark. 403, 989 S.W.2d 510 (1999) (citing Scott, supra). The "constitutional minimum" for determining whether a waiver was knowing and intelligent is that the accused be made sufficiently aware of his right to have counsel present and of the possible consequences of a decision to forego the aid of counsel. Scott v. State, 298 Ark. 214, 766 S.W.2d 428 (1980) (quoting Patterson v. Illinois, 487 U.S. 285 (1988)).

Hatfield's argument in the instant appeal is that the trial court did not sufficiently advise him of the possible consequences of proceeding pro se. Indeed, it is apparent from the record that the trial court made no inquiry into Hatfield's understanding of the risks and dangers of representing himself, even though attorney Harrod volunteered to the court that Hatfield's "case methodology" did not match the "defense method." While an assessment of how well or poorly Hatfield mastered the intricacies of the law is not relevant to an assessment of his knowing exercise of the right to defend himself, see Faretta, supra, it is evident from the record that, from his conduct before and during trial, he could not have understood the disadvantages or risks he was about to undertake when assuming control of his own defense. Indeed, Hatfield's cross-examination of several of the witnesses reveals his lack of comprehension of the fundamentals of trial procedure. For example, his examination of the victim's mother was rambling, and much of it was...