Pritchett v. State
117 So. 3d 356
Ala.2012Background
- Pritchett pled guilty to murder on Feb 22, 2010 and was sentenced to 23 years.
- He was represented by appointed counsel at the plea and counsel signed the rights/plea form.
- On Mar 22, 2010, Pritchett filed a pro se motion to withdraw the plea alleging ineffective assistance of trial counsel.
- The trial court denied the motion the next day without a hearing or a waiver determination.
- Appointed counsel later moved to withdraw and new counsel was appointed for appeal; the Court of Criminal Appeals affirmed the denial in an unpublished memorandum.
- This Court granted certiorari and reversed/remanded for a new evidentiary hearing with counsel or valid waiver of the right to counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a motion to withdraw a guilty plea is a critical stage requiring counsel or a valid waiver | Pritchett argues the motion is a critical stage needing counsel | State argued no need for hybrid representation distinction | Yes; it is a critical stage requiring counsel or a valid waiver |
| Whether denial of the pro se motion without counsel or waiver compliance violated the Sixth Amendment | Right to counsel protected, waiver not shown | Court need not appoint counsel or ensure waiver | Yes; reversal and remand for counsel-represented hearing or valid waiver |
| Whether Berry and Casteel require remand for counsel during withdrawal-plea proceedings | Berry/Casteel require counsel or valid waiver | Distinction based on hearing status was not dispositive | Remand required to ensure counsel or valid waiver at the hearing on withdrawal motion |
Key Cases Cited
- Berry v. State, 630 So.2d 127 (Ala.Crim.App.1993) (right to counsel at a motion to withdraw guilty plea; remand for counsel)
- Casteel v. State, 21 So.3d 11 (Ala.Crim.App.2008) (pendency/denial of motion to withdraw guilty plea requires counsel at hearing)
- King v. State, 613 So.2d 888 (Ala.Crim.App.1993) (motion for a new trial is a critical stage; indigent entitled to counsel absent waiver)
- Faretta v. California, 422 U.S. 806 (1975) (right to proceed without counsel when knowingly and intelligently waiving counsel)
- Johnson v. Zerbst, 304 U.S. 458 (1938) (waiver of counsel must be intentional and knowing)
- United States v. Wade, 388 U.S. 218 (1967) (right to counsel attaches at initiation of adversary proceedings for critical stages)