McLeod v. State
| Decision Date | 03 August 1990 |
| Docket Number | 4 Div. 405 |
| Parties | Jackie McLEOD v. STATE. |
| Court | Alabama Court of Criminal Appeals |
Bobbie S. Crook, Dothan, for McLeod.
Jackie McLeod, pro se.
Don Siegelman, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for the State.
Jackie McLeod was charged in four separate indictments with the unlawful distribution of cocaine in violation of Ala.Code § 13A-12-211 (1975). On motion of the State, these indictments were consolidated for trial. A jury found McLeod guilty in all four cases and he was sentenced as a habitual felony offender to life imprisonment in each case. McLeod represented himself at trial and is appearing pro se on appeal. 1 He raises eleven issues in this appeal.
McLeod contends that he did not voluntarily and intelligently waive his right to counsel because he was not informed of the dangers and disadvantages of self-representation prior to being allowed to proceed pro se.
Tom Motley was originally appointed to represent McLeod at trial and appeared with McLeod at his arraignment on March 10, 1989. On March 28, 1989, McLeod filed a pro se "Motion to Dismiss Court-Appointed Attorney." A hearing was held on this motion on April 17, 1989. Both McLeod and Motley were present at this hearing, at which the following occurred:
(Emphasis and footnote added.)
An accused has a constitutional right to represent himself where his decision to proceed without counsel is voluntarily and intelligently made. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). In determining whether an accused's waiver of counsel was in fact voluntarily and intelligently made, some courts "require that a trial court expressly admonish a defendant of the dangers and pitfalls of self-representation." Teske v. State, 507 So.2d 569, 571 (Ala.Cr.App.1987).
Alabama, however, does not subscribe to this view. Instead, our courts follow the modern trend which "require[s] only that it appear from the record as a whole that a defendant's waiver of counsel and decision to represent himself were knowing and intelligent." Teske, 507 So.2d at 571. Under this approach, "the focus of the inquiry is not on the information revealed by the court but on the knowledge of the accused, as shown by the circumstances surrounding the waiver." Id. (Emphasis added.) Although recognizing that "express, on-the-record advice of the dangers and risks of self-representation is ... highly desirable," id. at n. 1, Teske makes it clear that as long as a knowing and intelligent waiver is apparent from the record, it need not emerge from a colloquy in which the defendant is advised by the trial judge of the dangers and disadvantages of self-representation. See also 2 W. LaFave and J. Israel, Criminal Procedure § 11.3(b) at pp. 30-33, § 11.5(c) at pp. 44-47 (1984).
While the trial court in the present case did not advise McLeod of the specific "dangers and risks of self-representation," he did engage in a lengthy discussion with McLeod during which he twice informed McLeod that it would be in his best interests to be represented by counsel. Even in granting McLeod's motion, the trial court stated that self-representation was "generally not a good idea." Moreover, the record reveals that McLeod was represented by counsel prior to trial; that he had previous experience with criminal proceedings, including a prior trial in which he represented himself; 3 that he had some knowledge of basic trial procedure and understood that he would be required to comply with the rules of evidence; that he was aware of available defenses; and that he desired to represent himself in these cases because he did not agree with the manner in which appointed counsel intended to present his case. All of these factors are indicative that McLeod's waiver of counsel was in fact voluntarily and intelligently made. See Fitzpatrick v. Wainwright, 800 F.2d 1057, 1066-67 (11th Cir.1986). We also note that prior to questioning the venire, McLeod introduced himself and stated:
(Emphasis added.)
In view of all the circumstances of this case, including the fact that McLeod had represented himself in a prior trial and suffered a conviction which resulted in a sentence of imprisonment for life as a habitual felony offender, we are of the opinion that McLeod had firsthand knowledge of the dangers and disadvantages of self-representation. We find that the trial court, which was clearly aware of McLeod's prior self-representation, did all that was "necessary relative to the circumstances to determine that [McLeod] made a knowing and intelligent [waiver]" of his right to counsel. People v. Longwith, 125 Cal.App.3d 400, 408, 178 Cal.Rptr. 136, 140 (1981), quoted in Teske, 507 So.2d at 571. See also King v. State, 55 Ala.App. 306, 307-09, 314 So.2d 908, 909-11, cert. denied, 294 Ala. 762, 314 So.2d 912 (1975) ().
McLeod asserts that he was denied due process of law by the trial court's denial of his request for funds to obtain independent testing of the cocaine.
A "Motion for Independent Testing" was filed by defense counsel Motley on March 27,...
To continue reading
Request your trial
-
Doster v. State Of Ala.
...Batson, 476 U.S. at 97. However, this showing need not rise to the level of a challenge for cause.'" McLeod v. State, 581 So. 2d 1144, 1155 (Ala. Crim. App. 1990). We have upheld a prosecutor's strikes that were based on the prospectivejuror's connection to law enforcement personnel. See Cl......
-
Sockwell v. State
...of the reasons given by the prosecutor for the strikes. Davis v. State, 596 So.2d 626 (Ala.Crim.App.1991); McLeod v. State, 581 So.2d 1144, 1154-55 (Ala.Crim.App.1990); Thomas v. State, 555 So.2d 320, 322 (Ala.Crim.App.1989); Currin v. State, 535 So.2d 221, 223 (Ala.Crim.App.), cert. denied......
-
Beckworth v. State
...Smith v. State, 623 So.2d 369 (Ala.Cr.App.1992), cert. denied, 510 U.S. 1030, 114 S.Ct. 650, 126 L.Ed.2d 607 (1993); McLeod v. State, 581 So.2d 1144 (Ala.Cr.App. 1990); Siebert v. State, 562 So.2d 586 (Ala.Cr.App.1989), aff'd, 562 So.2d 600 (Ala.), cert. denied, 498 U.S. 963, 111 S.Ct. 398,......
-
Hodges v. State
...Smith v. State, 623 So.2d 369 (Ala.Cr.App.1992), cert. denied, 510 U.S. 1030, 114 S.Ct. 650, 126 L.Ed.2d 607 (1993); McLeod v. State, 581 So.2d 1144 (Ala.Cr.App.1990); Siebert v. State, 562 So.2d 586 (Ala.Cr.App. 1989), aff'd, 562 So.2d 600 (Ala.), cert. denied, 498 U.S. 963, 111 S.Ct. 398,......