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Nevada Supreme Court finds Faretta violation

The Nevada Supreme Court issued one opinion today. In Hooks v. State, the Court (Justices Gibbons, Maupin and Cherry) find that the district court did not adequately canvass the defendant regarding his waiver of his right to counsel under Faretta v. California. The Court clarifies that a Faretta canvass conducted in justice court before a preliminary hearing will rately be sufficient, standing alone, to establish a valid waiver. The Court also notes that while the record as a whole may establish a valid waiver of the right to counsel, the district courts should conduct thorough inquiries to ensure that defendants understand the dangers and consequences of self-representation. In his concurring opinion Justice Maupin urges a mandatory rule under SCR 253(4), which would require district courts to conduct a complete Faretta canvass and would not look at the record as a whole in considering the issue on appeal...continue to full post

Full post as published by Harmful Error on February 21, 2008 (boomark / email).