State v. Ashbaugh

Under Article I, section 11, of the Oregon Constitution, before denying a defendant the right to waive counsel, a trial court must engage in colloquy with the defendant to assess whether their waiver of counsel is knowing and voluntary and that the defendant “understand[s] the risks of self-representation.” State v. Meyrick, 313 Or 125, 133, (1992).

Petitioner was charged with menacing constituting domestic violence and harassment. At his bail hearing, the trial court noted its concern regarding whether Petitioner had mental health issues. Petitioner's counsel assured the court that he was “quite intelligent and is able to * * * aid and assist me in preparation[.]” The court proceeded with the bail hearing. Several weeks later, the trial court held a hearing regarding a letter Petitioner submitted to the court, wherein the court asked Petitioner whether he wanted to proceed with counsel or self-representation. Petitioner did not respond to the prompt. Three days later, Petitioner made a motion to represent himself. The trial court immediately denied Petitioner’s motion. After proceeding with a trial, the jury found him guilty of harassment and not guilty of menacing constituting domestic violence.

On appeal, Petitioner challenged the trial court’s failure to conduct a colloquy regarding his motion for self-representation and waiver of right to counsel.

The court found that it could not determine from the record the basis on which the trial court denied Petitioner’s request to represent himself. Further, the court explained that it “appear[ed] that the trial court was exercising its discretion to deny [Petitioner’s] request to proceed without counsel based on [Petitioner] not being competent to represent himself.” Thus, the court held that the trial court erred when it denied Petitioner’s request to represent himself because the record did not reveal that Petitioner could “knowingly and voluntarily” waive the right to counsel. Moreover, the court held that the trial court “exceeded the range of permissible discretion.”

Reversed and remanded.