2015 IL App (4th) 130575
Ill. App. Ct.2016Background
- Defendant Thomas M. Bartholomew was charged with two counts of aggravated battery (Class 2 felonies) and one count of battery (Class A misdemeanor) for actions on September 27, 2012.
- Trial began April 8, 2013, with defendant represented by an assistant public defender; the State presented its case and rested.
- Outside the jury's presence, defendant orally requested to proceed pro se for the remainder of the trial; the court conducted a colloquy focused on defendant’s capacity to waive counsel and warned he would be held to attorney standards and could not later claim ineffective assistance.
- The court discharged appointed counsel, allowed defendant to proceed pro se, defendant presented evidence, and the jury convicted him on all counts.
- The trial court sentenced defendant to 13 years’ imprisonment (Count I); other counts merged.
- On appeal the issue was whether the trial court substantially complied with Illinois Supreme Court Rule 401(a) before permitting the defendant to waive counsel midtrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Illinois Supreme Court Rule 401(a) before accepting a waiver of counsel midtrial | The State conceded the court did not substantially comply with Rule 401(a) and agreed reversal was required | Bartholomew argued the court failed to inform him of and determine his understanding of (1) the nature of the charge, (2) the minimum and maximum sentence (including enhanced penalties), and (3) his right to counsel and appointed counsel if indigent, as required by Rule 401(a) | The appellate court held the court failed to address any of Rule 401(a)’s three required admonitions at the time of waiver; the waiver was ineffective and conviction and sentence were reversed and remanded for new trial |
Key Cases Cited
- People v. Campbell, 224 Ill. 2d 80 (rule requires substantial compliance to ensure waiver is knowing and intelligent)
- People v. Haynes, 174 Ill. 2d 204 (Rule 401(a) purpose is to ensure waiver is knowing and intelligent)
- People v. Stoops, 313 Ill. App. 3d 269 (prior admonishments are not sufficient; admonishments must be given when defendant chooses to waive counsel)