336 P.3d 1214
Wyo.2014Background
- Appellant Kim Reifer faced charges of first-degree and second-degree sexual abuse of a minor; ultimately pled guilty to two misdemeanor counts of sexual battery under § 6-2-313 and received a suspended sentence and probation.
- The district court sentenced him to two consecutive one-year terms with 442 days credit and 288 days suspended to probation; terms and conditions of probation were explained to him.
- The public defender who had represented him withdrew after the case concluded, four months before the revocation petitions.
- The State filed multiple petitions to revoke probation based on alleged violations, including failure to obtain a sex offender evaluation and associating with children.
- Appellant repeatedly indicated he did not want counsel and would represent himself; the district court repeatedly advised him of his right to counsel.
- At the revocation hearing on the final petition, the court again advised of the right to counsel, and Appellant again declined representation; an evidentiary hearing followed, leading to a probation violation finding and a 288-day jail sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant validly waived his Sixth Amendment right to counsel | Reifer argues the court failed to warn him of self-representation risks, so waiver wasn’t knowing | Reifer knowingly and intelligently waived after repeated rejection of counsel and familiarity with the system | Waiver found knowing and intelligent despite advisement failure |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation requires awareness of risks of proceeding pro se)
- Large v. State, 265 P.3d 243 (Wyo. 2011) (courts look for understanding of charges and risks, not rigid formalities)
- Van Riper v. State, 882 P.2d 230 (Wyo. 1994) (waiver valid if defendant actually understood dangers of self-representation)
- Derrera v. State, 327 P.3d 107 (Wyo. 2014) (addressing Faretta-type advisement and counsel availability)
- Craft v. State, 262 P.3d 1253 (Wyo. 2011) (presumption against waiver; evaluating total record for knowing waiver)