State v. King
210 N.J. 2
| N.J. | 2012Background
- King was convicted of three counts of first-degree robbery and sentenced to 35 years with parole ineligibility.
- The Appellate Division affirmed the convictions and sentence in an unpublished opinion.
- King contends the trial court violated his right to self-representation by denying his pro se request.
- Before trial, King, with counsel, sought to represent himself; the court conducted a colloquy to assess capability.
- The court found King could not intelligently waive counsel and denied the request, allowing trial with counsel.
- King was tried with Nurideen, who had standby counsel; King was convicted on all counts, Nurideen mistried.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the waiver of counsel was knowingly intelligent | King argues the colloquy failed to establish a knowing, intelligent waiver. | King contends the court should have allowed self-representation regardless of his knowledge gaps. | Waiver inquiry insufficient; convictions reversed and remanded |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. Supreme Court 1975) (establishes right to self-representation)
- McKaskle v. Wiggins, 465 U.S. 168 (U.S. Supreme Court 1984) (standby counsel and right to appear pro se)
- State v. Crisafi, 128 N.J. 499 (New Jersey Supreme Court 1992) (topics trial court must cover for waiver of counsel)
- State v. Reddish, 181 N.J. 553 (New Jersey Supreme Court 2004) (expands waiver considerations and awareness requirements)
- State v. DuBois, 189 N.J. 454 (New Jersey Supreme Court 2007) (waiver process consolidated into one proceeding in general)
- State v. Gallagher, 274 N.J. Super. 285 (App. Div. 1994) (prescribes cautious approach to waiver and evaluation)
- State v. Guerin, 208 N.J. Super. 527 (App. Div. 1986) (preserves strong presumption against waiver without thorough inquiry)
- State v. Figueroa, 186 N.J. 589 (New Jersey Supreme Court 2006) (reiterates comprehensive waiver analysis requirements)
- State v. McNeil, 405 N.J. Super. 39 (App. Div. 2009) (limits self-representation when it undermines fairness)