State v. Hayne

While Article I, section 11 of the Oregon Constitution and the Sixth Amendment of the United States Constitution afford criminal defendants a qualified right to self-representation, the United States Supreme Court has held that a trial court may "insist upon representation by counsel for those competent enough to stand trial. . . but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves." Indiana v. Edwards, 554 US 164, 178, 128 S Ct 2379, 171 L Ed 2d 345 (2008).

Defendant appealed the trial court's decision allowing him to represent himself.  Defendant assigned error to the trial court's failure to recognize its discretion to deny his self-representation request under Indiana v. Edwards, 554 US 164, 178, 128 S Ct 2379, 171 L Ed 2d 345 (2008).  On appeal, Defendant argued that the trial court failed "to recognize that it had the discretion to insist that the defendant proceeds to trial with counsel."  In response, the State argued that the Edwards assignment of error was unpreserved and was not susceptible to correction as plain error and that Oregon law "precludes a trial court from denying a mentally ill criminal defendant's request to proceed without counsel."  While Article I, section 11 of the Oregon Constitution and the Sixth Amendment of the United States Constitution afford criminal defendants a qualified right to self-representation, the United States Supreme Court has held that a trial court may "insist upon representation by counsel for those competent enough to stand trial. . . but who still suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves." Edwards, 554 US 178.  The Court of Appeals held that (1) the issue was preserved, and (2) that the trial court had the discretion to deny self-representation to "gray-area defendants" when "their illness may affect their ability to conduct a trial without the assistance of counsel."  Reversed and remanded.