Bradley v. State
2011 Miss. LEXIS 175
| Miss. | 2011Background
- Bradley indicted for third-offense felony shoplifting underMiss. Code Ann. § 97-23-93; matter in Circuit Court of Lowndes County.
- Bradley initially represented by court-appointed counsel at trial.
- Bradley moved to proceed pro se and the court conducted the URCCC 8.05 examination.
- The court allowed Bradley to represent himself with counsel designated as standby.
- Bradley was convicted and sentenced to five years in MDOC custody; post-trial motions denied.
- Bradley timely appealed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court erred by allowing self-representation | Bradley argues improper waiver and rights not properly explained | Bradley contends waiver was intelligent and voluntary under 8.05 | No error; waiver and self-representation properly conducted |
| Whether Bradley was properly informed of the right to counsel | Bradley asserts inadequate counseling on right to counsel | Court advised Bradley of right to counsel and appointment if needed | Right to counsel properly explained under 8.05 |
| Whether Bradley's waiver of counsel was knowing and voluntary | Bradley claims failure to establish knowing waiver | Record shows on-record inquiry and understanding of consequences | Waiver deemed knowing and voluntary |
Key Cases Cited
- Conn v. State, 251 Miss. 488, 170 So.2d 20 (Miss. 1964) (waiver of counsel must be intelligent and record should reflect it)
- Johnson v. Zerbst, 304 U.S. 458 (U.S. 1938) (intelligent and competent waiver of counsel required)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (self-representation requires knowing and intelligent waiver of benefits of counsel)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation rights and self-representation context discussed)