When will a defendant waive his right to be represented by counsel in superior court?

California, United States of America


The following excerpt is from THE PEOPLE v. TIMOTHY CRAYTON 122999 CAAPP2, 91 Cal.Rptr.2d 488 (Cal. App. 1999):

5.Defendant points to his request, prior to the preliminary hearing, for a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 as an indication that he might not have waived his right to counsel again in superior court.That request, read literally, was an effort by defendant to fire himself as his attorney. But we note that defendant made it in the heat of disagreements with the court over his access to a computer and the scheduling of his preliminary hearing. When the court immediately and summarily denied the motion, defendant--who objected frequently during the proceedings--did not object further. We read this Marsden request as a delaying tactic and not as a motion by defendant to withdraw the waiver of the right to be represented by counsel. Defendant was free to revisit the issue at any time, and he made repeated motions and requests on other issues throughout the matter. He never revisited this issue, but rather continued to insist that the court not interfere with his right to represent himself.

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