State v. LEYSHON
211 N.C. App. 511
| N.C. Ct. App. | 2011Background
- Defendant Leyshon was cited for driving while license revoked in Watauga County (Jan 26, 2007).
- He was convicted in district court (June 13, 2007) and appealed to superior court.
- The trial court conducted multiple hearings (2008–2009) on whether he waived counsel and on capacity to proceed.
- The court ordered a capacity-to-proceed examination and, after a forensic evaluation (Aug 3, 2009), found him capable to proceed.
- Defendant was tried pro se (Mar 2010) and convicted of driving while license revoked with a suspended sentence and probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel and court appointment | Leyshon forfeited right by obstructing proceedings | Court forced counsel against his wishes and proceeded without appointed counsel | Forfeiture; no error in proceeding with appointed counsel and pro se after forfeiture. |
| Due process and DMV license revocation | DMV revocation not properly appealable from conviction | License revocation violated due process | DMV issue not properly before appellate court. |
| Capacity to proceed and commitment for examination | Order to commit for capacity was proper under statute | Should have had a local exam before commitment; hearing not required beforehand | Moot for capacity order; no reversible error since examination completed. |
| Judicial notice of the Federal Register | Federal Register provisions control law | Trial court should take judicial notice of Federal Register | Court did not abuse by not taking judicial notice; CFR definitions not applicable to NC statute. |
| Right to a speedy trial | Delay attributable to defendant’s conduct | Delay violated speedy-trial rights | No violation; delay caused by defendant; no substantial prejudice. |
Key Cases Cited
- State v. Graham, 200 N.C.App. 204 (2009) (standard of review for constitutional violations; right to counsel and waiver analyzed)
- State v. Jackson, 128 N.C.App. 626 (1998) (right to counsel and self-representation; waiver standards)
- Fulp v. State, 355 N.C. 171 (2002) (right to assistive counsel; waiver and knowing waiver standards)
- State v. Reid, 151 N.C.App. 379 (2002) (clear and unequivocal waiver of right to counsel; knowing, voluntary, intelligent waiver)
- State v. Badgett, 361 N.C. 234 (2007) (hearing requirement for capacity-to-proceed; waiver when examination not requested)
- State v. Montgomery, 138 N.C.App. 521 (2000) (forfeiture of right to counsel due to defendant’s obstructive conduct)
- State v. Quick, 179 N.C.App. 647 (2006) (forfeiture concept; delay due to defendant’s conduct)
- Tindall v. State, 294 N.C. 689 (1978) (speedy-trial factors and defendant-caused delay)