330 P.3d 952
Ariz.2014Background
- Petitioner Lashauna Coleman was on two years’ probation for disorderly conduct.
- Coleman’s appointed counsel filed a timely notice of appeal; Coleman later indicated she wished to proceed pro se on appeal.
- The trial court did not respond to her pro se notice within any specified period.
- The Court of Appeals denied Coleman’s pro se request as untimely and later reaffirmed that right to self-representation on appeal was not guaranteed or timely.
- Arizona law review and state constitution were cited to distinguish trial- and appeal-rights and to determine timing.
- The Arizona Supreme Court held there is a state constitutional right to self-representation on appeal, with a thirty-day notice deadline after filing the notice of appeal; untimely requests may be considered in the court’s discretion; the matter is remanded for the court of appeals to decide a timely request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arizona Constitution guarantees self-representation on appeal | Coleman asserts a constitutional right | State denies an appellate-right to self-representation | Yes, Arizona Constitution grants the right to self-representation on appeal |
| What timing governs a request to represent oneself on appeal | Timely notice is required within 30 days of appeal filing | Requests made after 30 days are untimely | 30-day notice deadline applies; untimely requests may be discretionary |
| Remedial action when request is untimely | Remand to determine if waiver can be recognized | Court should deny or limit relief if untimely | Remand to court of appeals for discretionary determination on timeliness |
Key Cases Cited
- State v. Stevens, 107 Ariz. 565, 490 P.2d 571 (Ariz. 1971) (recognition of right to appeal as equal in stature with right to counsel)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation in trial; not constitutionally required on appeal)
- Douglas v. California, 372 U.S. 353 (U.S. 1963) (right to counsel on first direct appeal)
- Martinez v. Court of Appeal of California, 528 U.S. 152 (U.S. 2000) (states may recognize right to self-representation on appeal under their constitutions)
- De Nistor, 143 Ariz. 407, 694 P.2d 237 (Ariz. 1985) (limits on self-representation; balancing orderly process and rights)