State v. Greeley

"[T]he right to counsel under Article I, section 11, includes the right to be represented by counsel during all critical stages of a criminal proceeding, unless the defendant voluntarily and intelligently  waives  that  right.”

Defendant appealed convictions of DUII and reckless driving. Defendant assigned error to the trial court's failure to appoint him substitute counsel before obtaining a knowing waiver of his right to counsel. Defendant argued that after dismissing several court appointed attorneys, the court refused to appoint another attorney prior to his trial date in violation of the Sixth Amendment and Oregon Constitution Article 1 section 11. The State argued that there was no error, and if there was error, it was harmless because Defendant had an attorney at trial. "[T]he right to counsel under Article I, section 11, includes the right to be represented by counsel during all critical stages of a criminal proceeding, unless the defendant voluntarily and intelligently  waives  that  right.” The Court held that the failure to obtain a waiver from Defendant was an error, but that error was not a constitutional error because Defendant was represented at “all critical stages of a criminal proceeding.” Further, the Court found the error harmless because Defendant’s argument that the scope of retained counsel being deficient compared to appointed counsel was not supported by the record. The Court pointed out that Defendant never complained about lack of funding during the proceedings and that his retained counsel’s failure to call witnesses was a strategic decision not motivated by financial concerns. Affirmed.