Is It Necessary to Conduct a Full Waiver Colloquy If a Defendant Indicates a Desire to Waive His Right to Counsel ?
/In Commonwealth v. Brazil, 549 Pa. 321, 701 A.2d 216 (1997), our Supreme Court made clear that the trial court must conduct a waiver of counsel colloquy, even where stand-by counsel is appointed. Id. at 324, 701 A.2d at 219.
In that case, the defendant refused representation by the public defender, yet a waiver colloquy was not conducted.
On direct appeal, this Court stated the totality of the circumstances obviated the requirement of a waiver of counsel colloquy.
Our Supreme Court, however, found the trial court "failed to elicit any information indicating that appellant's desire to waive his right to counsel was knowing and intelligent." Id.
The Court stated "whether standby counsel is ultimately appointed or not, and irrespective of the quality of representation achieved at trial, when a defendant indicates a desire to waive his right to counsel, a full waiver colloquy must be conducted." Id.