Background

• Pinkney was charged in district court with second-degree assault, resisting arrest, and disorderly conduct, then transferred to circuit court for a jury trial.
• Prior to trial, Pinkney moved to discharge his Public Defender; the court denied the motion without prejudice and allowed renewal at trial.
• On the first day of trial, Pinkney renewed the motion to discharge counsel; the court denied it.
• The jury convicted Pinkney of second-degree assault and sentenced him to 18 months with time served credit.
• Pinkney challenges: (1) whether the trial court violated Md. Rule 4-215(e) by not informing him he could proceed pro se after an unmeritorious discharge denial, and (2) whether the court abused its discretion by refusing a missing witness instruction.

Issues

Key Cases Cited

• Gonzales v. State, 408 Md. 515 (Md. 2009) (Sixth Amendment right to counsel and to represent oneself)
• Gregg v. State, 377 Md. 515 (Md. 2003) (right to self-representation alongside counsel)
• Campbell v. State, 385 Md. 616 (Md. 2005) (discussion of counsel and self-representation rights)
• Moore v. State, 331 Md. 179 (Md. 1993) (merit of reasons for discharge of counsel)
• Williams v. State, 321 Md. 266 (Md. 1990) (necessity to allow defendant to state reasons for discharge)
• Brown v. State, 342 Md. 404 (Md. 1996) (threshold for discharge of counsel and proper inquiries)
• Muhammad v. State, 177 Md. App. 188 (Md. App. 2007) (balance between right to counsel and right to self-representation)
• Broadwater v. State, 401 Md. 175 (Md. 2007) (piecemeal advisements and waiver of counsel)
• Cost v. State, 417 Md. 360 (Md. 2010) (missing evidence instruction when evidence destroyed)
• Janey v. State, 166 Md. App. 645 (Md. App. 2006) (standard for reviewing missing witness instructions)