713 S.E.2d 60
N.C. Ct. App.2011Background
- YFS became involved with respondent mother's family in 2003 and had 14 referrals regarding her children.
- On 6 Oct 2008 YFS filed a juvenile petition alleging neglect and dependency; court issued a non-secure custody order.
- Amended petition filed 31 Oct 2008 added domestic violence allegations and concerns about respondent mother's mental health and responsiveness.
- A forensic evaluation was ordered for 11 Feb 2009 but was canceled for lack of contact; court later ordered release of CMC-Randolph records.
- On 20 Aug 2009 the court adjudicated the children neglected and dependent, with a reunification plan and suspension of visitation pending mental health evaluation.
- TPR petitions were filed on 19 Nov 2009; guardian ad litem appointed; TPR hearings occurred May–June 2010; respondent waived counsel and proceeded pro se; trial court terminated rights on 28 Sep 2010; court later found inadequate inquiry under §15A-1242 and Edwards standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of counsel and competence to represent herself in TPR | Respondent argues waiver was not knowing/voluntary; inquiry was insufficient | Court asserts it satisfied minimal inquiry and respondent chose pro se | Vacate and remand for proper §15A-1242 inquiry and competence determination |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation; need knowing waiver of counsel)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (distinguishes competence to waive counsel from ability to represent oneself)
- Indiana v. Edwards, 554 U.S. 164 (U.S. 2008) (limits on self-representation for gray-area mental incapacity; Edwards standard)
- State v. Lane, 365 N.C. 7, 707 S.E.2d 210 (N.C. 2011) (right to self-representation contingent on competent waiver and possible Edwards tier)
- State v. Callahan, 83 N.C.App. 323, 350 S.E.2d 128 (N.C. App. 1986) (waiver of counsel must be knowing and voluntary; mandatory inquiries)
- State v. Evans, 153 N.C.App. 313, 569 S.E.2d 673 (N.C. App. 2002) (failure to inquire into consequences of waiver invalidates waiver)