State v. Walters

In State v. Walters 182 N.C. App. 285, 291, 641 S.E.2d 758, 761 (2007), the Court extended the holding in Faretta v. California to a case where the trial court badgered an unwilling defendant until he accepted a court-appointed attorney: The trial court: We're burning daylight. We're wasting time . . . . Now, if you want to be stupid and try your own case . . . . then you can be stupid and do that. That's your choice. . . . You can be obstinate and you can be stupid and you can go to prison because you didn't listen to a professional. Or you can do it like somebody that's smart and participate in your defense using a professional. Your choice. . . . Now, I'm going to give you about two minutes to discuss this with your lawyer and then you make your decision. . . . You don't understand it. You have been watching too much TV. Now are you ready to proceed? Walters, 182 N.C. App. at 288-89, 641 S.E.2d at 759-60 (quoting from the trial transcript). In Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975), the defendant was granted a new trial when the trial court "required that the defendant's defense be conducted only through the appointed lawyer from the public defender's office," 422 U.S. at 811, 45 L. Ed. 2d at 568, even though the defendant was "literate, competent, and understanding" and "clearly and unequivocally declared to the trial judge that he wanted to represent himself and did not want counsel." Id. at 835, 45 L. Ed. 2d at 582.