State v. Jones
| Decision Date | 20 April 1978 |
| Docket Number | No. 20671,20671 |
| Citation | 270 S.C. 587,243 S.E.2d 461 |
| Parties | The STATE, Respondent, v. Kenneth Lee JONES, Appellant. |
| Court | South Carolina Supreme Court |
F. Truett Nettles, II, Charleston, for appellant.
Atty. Gen. Daniel R. McLeod, Asst. Attys. Gen. Brian P. Gibbes and Robert N. Wells, Jr., Columbia, and Sol. Capers G. Barr, III, Charleston, for respondent.
Appellant was convicted of murder and armed robbery. He was sentenced to life imprisonment for murder and to twenty-five (25) years imprisonment for armed robbery to be served concurrently with the life sentence.
Appellant contends that the trial judge erred in accepting his waiver of appointed counsel without informing him that he had a right to have new counsel appointed. At the beginning of his second day of trial appellant asked that the court allow him to proceed without the assistance of the two attorneys appointed to represent him. The basis for his request was his desire to call certain witnesses to testify despite the advice of his counsel which was, apparently, to the contrary. Appellant made no other complaints about his counsel nor did he argue that their assistance was ineffective. The judge consented to his proceeding without counsel but requested that his two former attorneys sit with him during the remainder of the trial to provide him assistance when needed. At no time did he offer appellant substitute counsel.
For the remainder of the trial, appellant conferred on at least ten occasions with his former counsel, who, following the trial judge's request, had been available for consultation with him during that time. In addition, these attorneys made various motions for appellant and made his closing arguments to the jury.
No previous opinion of this Court appears to have directly considered the issue presented by this appeal. The general rule elsewhere appears to be that "while accused may have the right to reject or discharge court-appointed counsel and conduct his own defense or secure his own counsel, he does not have the right, without a showing of satisfactory cause to refuse or dismiss the counsel appointed and have other counsel appointed." 23 C.J.S. Criminal Law, § 982(5) (1961); see 157 A.L.R. 1225; cf. 73 A.L.R.3d 725.
We hold that, at least after the trial has begun, a mere disagreement between a defendant and his counsel as to a matter of trial tactics is not sufficient cause, in itself, to require the trial court to replace or to offer to replace court appointed counsel with another attorney at that time. See State v. Robinson, 290 N.C. 56, 224 S.E.2d 174 (1976). See also People v. Williams, 2 Cal.3d 894, 88 Cal.Rptr. 208, 471 P.2d 1008 (1970). 1 Thus, in the instant case, we find no error in the trial judge's failure to offer or appoint substitute counsel when appellant asked that his attorneys be dismissed. The basis for his request was a disagreement with his counsel over...
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State v. Mazique
...the trial court to replace or to offer to replace court appointed counsel with another attorney at that time." State v. Jones , 270 S.C. 587, 588, 243 S.E.2d 461, 462 (1978). "The question of whether court appointed counsel should be discharged is a matter addressed to the discretion of the......
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Richardson v. State
...without a showing of satisfactory cause to refuse or dismiss the counsel appointed and have other counsel appointed. State v. Jones, 270 S.C. 587, 243 S.E.2d 461 (1978). A mere disagreement between an applicant and his counsel as to how to proceed with the PCR application, including the all......
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State v. Marshall, 21036
...of abuse of such discretion will this court interfere. The trial judge properly exercised his discretion in this case. State v. Jones, 270 S.C. 587, 243 S.E.2d 461. The conviction and sentence of appellant on the charge of criminal sexual conduct is reversed; otherwise the judgment is affir......