People v. Blair

In People v. Blair (2005) 36 Cal.4th 686, the defendant argued his Faretta waiver was invalid because the trial court failed to make a "'searching inquiry'" before granting his request to waive counsel. (Blair, supra, 36 Cal.4th at p. 709.) The Blair court disagreed and concluded the court's oral advisements apprised the "defendant of the dangers and disadvantages of self-representation." (Id. at p. 708.) The court also noted the defendant "acknowledged, in writing, that he would have to handle pretrial, trial, and many posttrial matters himself without the assistance of an attorney, and that he would have to comply with all substantive and procedural rules, which could be quite technical. He thus demonstrated an understanding of the risks and complexities of his case." (Id. at pp. 708-709.) The Blair court explained, "That these latter warnings and understanding were expressed only in writing makes no difference in our determination. The . . . propria personal advisement form (sometimes referred to as a Faretta form) serves as 'a means by which the judge and the defendant seeking self-representation may have a meaningful dialogue concerning the dangers and responsibilities of self-representation.' The court might query the defendant orally about his responses on the form, to create a clear record of the defendant's knowing and voluntary waiver of counsel. The failure to do so, however, does not necessarily invalidate defendant's waiver, particularly when, as here, we have no indication that defendant failed to understand what he was reading and signing. To the contrary, defendant demonstrated his ability to read and write in numerous pro se filings before the court. Defendant also appeared to be of at least normal intelligence and spoke articulately in court. The last superior court judge who considered defendant's request for self-representation . . . found that defendant was 'in full control of his faculties' and was making 'a conscious choice.' We have no reason to question these findings." (Blair, supra, 36 Cal.4th at p. 709.)