State v. Cotter

Under State v. Meyrick and State v. Langley, a waiver of counsel must be knowing and intentional, with the preferred means being colloquy on the record, and courts may not presume waiver from a silent record.

Defendant Cotter appeals his conviction of reckless driving and reckless endangerment because he never validly waived his right to counsel. Despite numerous efforts, defendant failed to secure counsel, represented himself at trial, and was convicted. The Court of Appeals affirmed the conviction in a memorandum opinion after Cotter filed a pro se brief. Both parties filed a joint motion to remand, agreeing Cotter had not validly waived his right to counsel. Relying on State v. Meyrick and State v. Langley, a waiver of counsel must be knowing and intentional, with the preferred means being colloquy on the record, and courts may not presume waiver from a silent record. Cotter reiterated that he could not secure either retained or appointed counsel, and no judge conducted a colloquy to confirm his understanding when he signed a waiver form. The petition for review is allowed, and the joint motion for remand is granted. The decision of the Court of Appeals in State v. Cotter, 332 Or App 785 (2024) (non-precedential memorandum opinion), is vacated. The circuit court’s judgment of conviction is vacated, and the case is remanded to the circuit court for further proceedings. The supplemental pro se petition for review is denied.