State v. Lacey

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Constitutional Law
  • Date Filed: 11-09-2016
  • Case #: A156849
  • Judge(s)/Court Below: Lagesen, J. for the Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

The Sixth amendment requires a trial court to delay the trial when a self-represented Defendant’s misconduct causes the court to remove the Defendant from the courtroom. The trial court cannot proceed in the Defendant’s absence unless the trial court has either secured the Defendant’s waiver of his right to representation at trial or taken some course of action that protects the Defendant’s right to representation.

Defendant appealed the trial court’s continuation of the trial in his absence as violating his Sixth Amendment right to representation. The Sixth Amendment requires a trial court to delay the trial when a self-represented Defendant’s misconduct causes the court to remove the Defendant from the courtroom. The Sixth Amendment provides: (1) the right to be present at trial; (2) the right to self-representation; and (3) the right to representation. The trial court cannot proceed in the Defendant’s absence unless the trial court has either secured the Defendant’s waiver of his right to representation at trial or taken some course of action that protects the Defendant’s right to representation. In this case the trial court continued the trial in the Defendant’s absence, after his forfeiture of his rights, without complying with procedure. Reversed and remanded.

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