State v. Seymore, 214 N.C. App. 547

Defendant Wilbert Seymore waived his right to assigned counsel and proceeded pro se at trial in the North Carolina Superior Court.
On 5 April 2010, Seymore's assigned counsel withdrew and Seymore signed a waiver of assigned counsel, not a waiver of all counsel.
Superior Court trial on 26 April 2010 resulted in convictions for driving while impaired, driving while license revoked, and speeding; sentences included suspended terms and probation.
There was no evidence the trial court conducted the thorough § 15A-1242 inquiry to determine whether Seymore knowingly and intelligently waived counsel.
The record contained no transcription or clear depiction of any questions or responses establishing a proper waiver inquiry.
The Court held that the trial court’s failure to conduct the required thorough inquiry necessitates a new trial for Seymore.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court conducted a proper waiver inquiry	State argues inquiry complied via written waiver and proceedings	Seymore contends no adequate inquiry occurred as required	New trial required; inquiry deficient
Whether proceeding pro se without § 15A-1242 inquiry violated rights	State asserts valid waiver and sufficient understanding	Seymore asserts he did not knowingly waive and should have counsel	Erroneous to allow pro se without thorough inquiry; new trial

State v. Moore, 362 N.C. 319 (2008) (right to handle own case, but need proper waiver standards)
State v. White, 349 N.C. 535 (1998) (concerning clear, unequivocal election to proceed pro se with waiver)
State v. Fulp, 355 N.C. 171 (2002) (statutory § 15A-1242 satisfies constitutional requirements for inquiries)
State v. Hyatt, 132 N.C.App. 697 (1999) (failure to conduct thorough inquiry requires new trial)
State v. Callahan, 83 N.C.App. 323 (1986) (record must show defendant’s literacy, competence, and understanding)
State v. Evans, 153 N.C.App. 313 (2002) (written waiver not substitute for § 15A-1242 compliance)
State v. McCrowre, 312 N.C. 478 (1984) (no presumption of waiver from bare express waiver of appointed counsel)