May v. State, 68006
| Decision Date | 14 October 1986 |
| Docket Number | No. 68006,68006 |
| Citation | 718 S.W.2d 495 |
| Parties | West Pharris MAY, Jr., Appellant, v. STATE of Missouri, Respondent. |
| Court | Missouri Supreme Court |
Kathleen Murphy Markie, Columbia, for appellant.
William L. Webster, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for respondent.
The defendant represented himself at his trial for armed robbery. He was found guilty and his conviction was affirmed on appeal. State v. May, 613 S.W.2d 877 (Mo.App.1981). He then filed a motion under Rule 27.26, asserting, among other claims, that he had not waived his right to counsel in writing, as required by § 600.051, RSMo 1978. The trial court denied relief, finding that he had demanded the right to represent himself, that he had been presented with a waiver in proper form, and that he had refused to sign the waiver. The Court of Appeals reversed, concluding that the written waiver was mandatory under our holding in Peterson v. State, 572 S.W.2d 475 (Mo. banc 1978). We granted transfer and, taking the case as on initial appeal, affirm the judgment, having determined that the circuit judge's findings and conclusions are supported by the evidence and are legally correct.
The proceedings began in Cole County, where the crime is alleged to have been committed. A public defender was appointed for the defendant, who filed a sworn "motion to dismiss court appointed attorney", stating as follows:
4. Esq. Ossman and petitioner has no rapport and has asked Mr. Ossman to resign from case in order that petitioner may represent himself.
The case was then taken on change of venue to Boone County, where another public defender was routinely appointed for the defendant. The defendant objected to this appointment and again asserted his desire to conduct his own defense. The trial judge heard him at length and directed the public defender to prepare a written form for waiving counsel, meeting the requirements of § 600.051. The waiver form was read into the record. The defendant refused to sign the form, stating several times that he had already indicated in writing that he wanted to waive his right to counsel and to act as his own attorney. The trial judge then allowed him to proceed as he had requested, designating the assistant public defender previously appointed for him as amicus curiae to attend the trial so as to be available to consult with the defendant on request.
The defendant cross-examined the state's witnesses and made frequent objections. He made an opening statement at the beginning of his case, examined several witnesses, testified in his own defense (after the court advised him of his right to testify or not as he chose), and made closing argument. He consulted on several occasions with the public defender in attendance, but clearly assumed the direction of his own defense.
He prepared a motion for new trial with the assistance of his stand-by counsel. After judgment and sentence another attorney was appointed for the appeal. No complaint about the defendant's having been denied the right of counsel was made in the motion for new trial or on appeal.
Section 600.051.1 reads as follows:
1. Any judge of a court of competent jurisdiction may permit a waiver of counsel to be filed in any criminal case wherein a defendant may receive a jail sentence or confinement if the court first determines that defendant has made a knowledgeable and intelligent waiver of the right to assistance of counsel and the waiver is signed before and witnessed by the judge or clerk of the court, providing further that the waiver contains at least the following information which the defendant has read or which has been read to the defendant before the signing thereof:
(1) That the defendant has been charged with the offense of ........ (nature of charge must be inserted before signing);
(2) That the defendant has a right to a trial on the charge and further that the defendant has a right to a trial by a jury;
(3) That the maximum possible sentence on the charge is ........ imprisonment in jail and a fine in the amount of ........ dollars or by both imprisonment and fine. That the minimum possible sentence is ........ imprisonment in jail or by a fine in the amount of ........ dollars or by both such confinement and fine;
(4) That the defendant is aware that any recommendations by a prosecuting attorney or other prosecuting official are not binding on the judge and that any such recommendations may or may not be accepted by judge;
(5) That if defendant pleads guilty or is found guilty of the charge, the judge is most likely to impose a sentence of...
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State v. Hunter
...rule stated in Peterson, this Court has since found at least one exception to the requirement of a written waiver of counsel. In May v. State, 718 S.W.2d 495 (Mo. banc 1986), the defendant objected to the appointment of counsel and asserted his desire to conduct his own defense. The trial j......
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State v. Keeth, 27419.
...to objectively assure that the defendant's waiver of his constitutional right to counsel is knowingly and voluntarily made. May v. State, 718 S.W.2d 495, 497 (Mo. banc A parallel right to the right to counsel exists, and that is the right of the defendant to waive counsel and proceed pro se......
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May v. Maschner, 87-0575-CV-W-1.
...the case was transferred to the Supreme Court of Missouri. Taking the case as an initial appeal, the Supreme Court of Missouri in May v. State, 718 S.W.2d 495 (Mo. banc 1986), affirmed the trial court's denial of postconviction relief on the ground that "the circuit judge's findings and con......
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State v. Herron
...State v. Wells, 701 S.W.2d 554, 556 (Mo.App.1986). The request to proceed pro se must be unequivocal and timely made. May v. State, 718 S.W.2d 495, 497 (Mo. banc 1986); State v. Power, 721 S.W.2d 194, 195 (Mo.App.1986). If the request is untimely, then the court in its discretion may refuse......