State v. Glasby

A court may only deny an invocation of the right to self-representation if, on the record, the court states how it determined the court’s interests in denying the invocation outweighed the defendant’s right, and a court may deny an invocation for self-representation if it was made unknowingly, involuntarily, equivocally, unclearly, or if it would disrupt the conduct of the trial. State v. Hightower, 361 Or 412, 417, 393 P3d 224 (2017); State v. Fredinburg, 257 Or App 473, 481, 308 P3d 208 (2013), rev den, 354 Or 490 (2013); see also State v. Williams, 288 Or App 712, 713-14, 407 P3d 898 (2017).

Defendant appealed a conviction for multiple offenses. Defendant assigned error to the trial court’s denial of his invocation of his right to self-representation under both the Oregon and United States Constitutions. On appeal, Defendant argued that his statements to the court clearly indicated his desire to waive his right to counsel and represent himself. In response, the State argued that Defendant made contradicting statements which the trial court correctly interpreted as a request for new counsel, not for Defendant to represent himself. A court may only deny an invocation of the right to self-representation if, on the record, the court states how it determined the court’s interests in denying the invocation outweighed the defendant’s right, and a court may deny an invocation for self-representation if it was made unknowingly, involuntarily, equivocally, unclearly, or if it would disrupt the conduct of the trial. State v. Hightower, 361 Or 412, 417, 393 P3d 224 (2017); State v. Fredinburg, 257 Or App 473, 481, 308 P3d 208 (2013), rev den, 354 Or 490 (2013); see also State v. Williams, 288 Or App 712, 713-14, 407 P3d 898 (2017). The Court held that Defendant’s second set of statements (“I have to represent myself”) indicated an unambiguous and equivocal invocation of his right to self-representation, which required the trial court to have weighed, on the record, the court’s interests against the Defendant’s before denying his right. Reversed and remanded.