852 N.W.2d 495
Iowa Ct. App.2014Background
- Wehr was charged with operating while intoxicated, first offense, in Webster County, Iowa.
- At arraignment in July, Wehr appeared pro se, pleaded not guilty, and sought a speedy trial.
- On the morning of trial, Wehr again appeared pro se and requested a continuance to obtain counsel.
- The court conducted a Faretta colloquy, found Wehr indigent, and appointed the public defender, continuing the trial.
- Wehr proceeded to trial with court-appointed counsel; the jury found him guilty of OWI.
- Wehr appeals claiming his Sixth Amendment right to self-representation was violated by the court’s handling of his pro se request; the court’s record lacked a specific finding that the request was a delay tactic; the court reversed and remanded for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of pro se request | Request timely before impaneling | No delay tactic; request aimed at exercising right | Reversed and remanded for proper Faretta inquiry and new trial |
| Adequacy of Faretta inquiry | Record lacks adequate on-record inquiry | Defendant was exercising right to self-representation | Remand for appropriate Faretta inquiry; record deficient |
| Effect of lack of delay-finding on waiver | Waiver of counsel not clearly established | Right to self-representation preserved if timely and intelligent | Remand; record insufficient to determine waiver validity |
| Standard of review | Constitutional issue reviewed de novo | Abuse of discretion applicable post-Faretta | Court reviews de novo for Sixth Amendment self-representation issues |
| Impact of prior counsel appointment on rights | Counsel appointment did not negate right to self-representation | Right can be overridden by timely request with proper inquiry | Remand on this basis as part of Faretta inquiry |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation must be unequivocally and knowingly asserted)
- State v. Rater, 568 N.W.2d 655 (Iowa 1997) (timing and waiver considerations for self-representation)
- United States v. Wesley, 798 F.2d 1155 (8th Cir. 1986) (right to self-representation limits during trial; timing matters)
- United States v. Bankoff, 613 F.3d 358 (3d Cir. 2010) (timeliness before jury impaneled; delay tactic considerations)
- United States v. Tucker, 451 F.3d 1176 (10th Cir. 2006) (timeliness before jury impaneled; delay considerations)