State v. Dixon, No. 20468

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLITTLEJOHN; LEWIS
Citation236 S.E.2d 419,269 S.C. 107
Decision Date14 July 1977
Docket NumberNo. 20468
PartiesThe STATE, Respondent, v. Maxie Lee DIXON, Appellant.

Page 419

236 S.E.2d 419
269 S.C. 107
The STATE, Respondent,
v.
Maxie Lee DIXON, Appellant.
No. 20468.
Supreme Court of South Carolina.
July 14, 1977.

Page 420

[269 S.C. 108] Michael P. O'Connell, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod, Asst. Attys. Gen. Joseph R. Barker and Richard P. Wilson, and Solicitor James C. Anders, Columbia, for respondent.

LITTLEJOHN, Justice.

The appellant Dixon was tried and convicted of possession of contraband by a prisoner, in violation of § 55-383, Code of Laws of South Carolina (1962). He was, at the time, an inmate of Central Correctional Institution in Columbia. The contraband charge arose when a guard discovered eight (8) one-half pint bottles of Vodka in a box of groceries appellant was carrying while performing his job as canteen manager in his cell block.

The trial court allowed the appellant to represent himself. Before permitting such, the court asked the appellant questions[269 S.C. 109] as to his education and work experiences, as well as certain questions concerning the nature of the crime with which he was charged, possible punishment, etc. The court found that Dixon had a sixth grade education and had done automobile repair work.

Appellant submits that the trial court erred in accepting Dixon's purported waiver of assistance of counsel. There can be no doubt that he was offered, and did waive the court's offer to appoint counsel. It is beyond question that an accused person may waive counsel and represent himself. Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). However, it is the responsibility of the trial judge to determine whether there is or is not an intelligent and competent waiver. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Whether or not such waiver was intelligently made in this case is a subject of debate.

Although we have chosen to consider it now, this is an issue which could have been, and perhaps more properly should have been raised by way of post-conviction relief because the issue now submitted to this Court was not presented to the trial court. The justice of the case does not require a new trial, but the appellant is entitled to a factual determination by the lower court on the "intelligent waiver" issue. The case is remanded to the lower court for a determination of whether the

Page 421

waiver was intelligently made. At the hearing both the prosecution and the appellant will be permitted to introduce...

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20 practice notes
  • State v. Thompson, No. 3659.
    • United States
    • Court of Appeals of South Carolina
    • 7 Julio 2003
    ...45 L.Ed.2d 562 (1975)). The trial judge must determine whether there is a knowing and intelligent waiver by the defendant. State v. Dixon, 269 S.C. 107, 236 S.E.2d 419 (1977) (citing Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)). If the trial judge fails to address t......
  • State v. Dial, Appellate Case No. 2017-002205
    • United States
    • United States State Supreme Court of South Carolina
    • 29 Enero 2020
    ...the defendant’s technical legal knowledge or his or her ability to represent him- or herself." (footnotes omitted)).In State v. Dixon , 269 S.C. 107, 236 S.E.2d 419 (1977), we held, in the absence of evidence of a knowing and intelligent waiver of the right to counsel, a defendant is entitl......
  • State v. Frazier, 2019-UP-371
    • United States
    • Court of Appeals of South Carolina
    • 27 Noviembre 2019
    ...new trial, but the appellant is entitled to a factual determination by the lower court on the 'intelligent waiver' issue." State v. Dixon, 269 S.C. 107, 109, 236 S.E.2d 419, 420 (1977). "However, this court can grant an appellant a new trial without an evidentiary hearing if it is clear tha......
  • State v. Frazier, Appellate Case No. 2015-002464
    • United States
    • Court of Appeals of South Carolina
    • 27 Noviembre 2019
    ...new trial, but the appellant is entitled to a factual determination by the lower court on the 'intelligent waiver' issue." State v. Dixon, 269 S.C. 107, 109, 236 S.E.2d 419, 420 (1977). "However, this court can grant an appellant a new trial without an evidentiary hearing if it is clear tha......
  • Request a trial to view additional results
20 cases
  • State v. Thompson, No. 3659.
    • United States
    • Court of Appeals of South Carolina
    • 7 Julio 2003
    ...45 L.Ed.2d 562 (1975)). The trial judge must determine whether there is a knowing and intelligent waiver by the defendant. State v. Dixon, 269 S.C. 107, 236 S.E.2d 419 (1977) (citing Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)). If the trial judge fails to address t......
  • State v. Dial, Appellate Case No. 2017-002205
    • United States
    • United States State Supreme Court of South Carolina
    • 29 Enero 2020
    ...the defendant’s technical legal knowledge or his or her ability to represent him- or herself." (footnotes omitted)).In State v. Dixon , 269 S.C. 107, 236 S.E.2d 419 (1977), we held, in the absence of evidence of a knowing and intelligent waiver of the right to counsel, a defendant is entitl......
  • State v. Frazier, 2019-UP-371
    • United States
    • Court of Appeals of South Carolina
    • 27 Noviembre 2019
    ...new trial, but the appellant is entitled to a factual determination by the lower court on the 'intelligent waiver' issue." State v. Dixon, 269 S.C. 107, 109, 236 S.E.2d 419, 420 (1977). "However, this court can grant an appellant a new trial without an evidentiary hearing if it is clear tha......
  • State v. Frazier, Appellate Case No. 2015-002464
    • United States
    • Court of Appeals of South Carolina
    • 27 Noviembre 2019
    ...new trial, but the appellant is entitled to a factual determination by the lower court on the 'intelligent waiver' issue." State v. Dixon, 269 S.C. 107, 109, 236 S.E.2d 419, 420 (1977). "However, this court can grant an appellant a new trial without an evidentiary hearing if it is clear tha......
  • Request a trial to view additional results

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