State v. Lewis
| Decision Date | 20 December 1990 |
| Docket Number | No. 89-338,89-338 |
| Citation | 586 A.2d 550,155 Vt. 653 |
| Court | Vermont Supreme Court |
| Parties | STATE of Vermont v. John W. LEWIS. |
Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.
Defendant appeals his convictions of driving while under the influence of intoxicating liquor and the district court's finding of refusal to submit to a chemical test in violation of 23 V.S.A. §§ 1201(a)(2) and 1205. We affirm.
Beginning at his arraignment on February 27, 1989, and continuing thereafter, defendant repeatedly stated that he wanted to represent himself. Defendant contends that the trial court conducted no formal inquiry to determine if his decision was knowingly and intelligently made, and he now argues that the record should show such an inquiry.
The recognized State v. Merrill, 155 Vt. 422, ----, 584 A.2d 1129, 1131 (1990), (citations omitted). It is also advisable for the court to inform a defendant of the options available to protect his right to counsel, the nature of the charges against him, and the possible punishment. Id. at ----, 584 A.2d at 1131; State v. O'Connell, 147 Vt. 60, 65, 510 A.2d 167, 169 (1986). "The specific circumstances of a particular case, however, may excuse a trial court's failure to inquire into a defendant's decision to proceed pro se." O'Connell, 147 Vt. at 65, 510 A.2d at 169.
Review of the record in this case does not lead to the conclusion that defendant's decision was uninformed. First, defendant was informed of the potential adverse consequences of self-representation. At the pretrial status conference, defendant was warned that he was facing a serious matter with serious administrative consequences, and that his lack of counsel made the situation potentially even more serious. Second, defendant was made aware of the nature of the charges against him. He was given a copy of the information stating the nature of the charges and the possible sentence, and, in response to the court's inquiry, he stated that he understood the charges and had no questions pertaining to them. Finally, defendant was made aware of the options available to him. At his arraignment the court informed him of his right to be represented by counsel, but he unequivocally stated his decision to represent himself and signed a Waiver of Counsel form. At the status conference the court made it clear to defendant that it would certainly accommodate him if he changed his mind about getting a lawyer. Although defendant was not specifically informed by the court of the right to have counsel provided, he signed...
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State v. Bean
...the necessary elements of a valid waiver of counsel. See State v. Pollard, 163 Vt. at ----, 657 A.2d at 190-91; State v. Lewis, 155 Vt. 653, 654, 586 A.2d 550, 551 (1990); State v. Merrill, 155 Vt. 422, 425-27, 584 A.2d 1129, 1131-32 (1990); State v. O'Connell, 147 Vt. 60, 64-66, 510 A.2d 1......
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State v. Van Aelstyn, 05-220.
...twice applied for a public defender and defendant successfully hired private counsel who later withdrew); State v. Lewis, 155 Vt. 653, 654, 586 A.2d 550, 551-52 (1990) (mem.) (finding valid waiver when there was no colloquy based on defendant's apparent knowledge of the charges and possible......
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State v. Pollard, 92-592
...The court properly considered defendant's past experience with criminal justice systems in other states, see State v. Lewis, 155 Vt. 653, 654-55, 586 A.2d 550, 552 (1990) (mem.); Merrill, 155 Vt. at 425-26, 584 A.2d at 1131-32, but it made no inquiry into whether defendant represented himse......
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State v. Van Aelstyn, 2007 VT 6 (Vt. 1/12/2007), 2005-220, February Term, 2006
...twice applied for a public defender and defendant successfully hired private counsel who later withdrew); State v. Lewis, 156 Vt. 653, 654, 586 A.2d 550, 551-52 (1990) (mem.) (finding valid waiver when there was no colloquy based on defendant's apparent knowledge of the charges and possible......