State v. Anderson, 215 N.C. App. 169

Defendant Jackie Ray Anderson was arrested for selling a controlled substance and appeared in Wilson County District Court on 11 September 2009, signing a Waiver of Counsel certified by the district judge.
On 11 January 2010, Anderson was indicted for selling/delivering a controlled substance and attaining habitual felon status; he later appeared in Superior Court and indicated he wished to represent himself, signing a second Waiver of Counsel certified by the Superior Court.
Trial began 17 May 2010 with Anderson proceeding pro se and he was convicted on the indicted offenses.
Anderson appeals arguing the trial court failed to secure a knowing, intelligent, and voluntary waiver of counsel before allowing self-representation.
The Court of Appeals reverses, holding the trial court failed to satisfy N.C. Gen. Stat. § 15A-1242 requirements, granting a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the waiver of counsel conducted in compliance with § 15A-1242?	State contends district court waiver sufficed after certification.	Anderson argues waiver was not knowingly, intelligently, and voluntarily obtained.	Waiver deficient; new trial granted
Did the district court waiver remain valid for the Superior Court trial?	State asserts the written waiver certified in district court stands for later proceedings.	Anderson asserts the district waiver cannot bind a later Superior Court proceeding.	District waiver not valid for later trial; requires new inquiry
Did the 9 February 2010 Superior Court inquiry and waiver satisfy § 15A-1242?	State argues the promoter inquiry and waiver should be sufficient; defendant disputes	Anderson argues sufficient inquiry and waiver were provided; trial proceeded appropriately	Inquiry insufficient; new trial required

State v. LeGrande, 346 N.C. 718 (1997) (Sixth Amendment rights; need for proper waiver inquiry)
State v. Reid, 151 N.C.App. 379 (2002) (Mandatory statutory inquiry under § 15A-1242)
State v. Thomas, 331 N.C. 671 (1992) (Failure to conduct § 15A-1242 inquiry prejudicial error)
State v. Kinlock, 152 N.C.App. 84 (2002) (Written waiver creates presumption of knowing, intelligent, voluntary waiver)
State v. Cox, 164 N.C.App. 399 (2004) (Written waiver is not a substitute for § 15A-1242 compliance)
State v. Wells, 78 N.C.App. 769 (1986) (Waiver of counsel principles; certification considerations)
State v. Warren, 82 N.C.App. 84 (1986) (Presumption of knowing, intelligent, voluntary waiver when certified)
State v. Watson, 21 N.C.App. 374 (1974) (Procedural view of waivers in successive proceedings)