Does a motion for self-representation need to be considered on the merits of the motion?
California, United States of America
The following excerpt is from People v. Lewis, E056322 (Cal. App. 2014):
Defendant contends that because the trial court treated the inquiry as a request for self-representation, we should address the issue on the merits. However, in People v. Marshall (1997) 15 Cal.4th 1, the court held that a defendant's statements "d[id] not constitute an unequivocal invocation of the right of self-representation simply because the trial court described the motion as one for self-representation . . . ." (Id. at p. 25.)
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