Defendant-Below/Appellant, Maurice Williams (“Williams”), appeals his Superior Court conviction for Escape After Conviction.
Williams raises two claims on appeal. Williams contends the trial judge abused her discretion when 1) she refused to allow him to proceed pro se during his trial and 2) she denied his request for the jury to consider a defense of justification. Because Williams’ request to represent himself was denied without a colloquy and the required legal analysis, we are compelled to reverse.
Facts and Procedural History
On November 4, 2010, Williams was serving a Level IV sentence for Robbery at the Plummer Center in Wilmington, DE. That morning, he requested a medical pass to leave the premises. He did not return as scheduled and was placed on escape status. The Department of Correction’s Escape Recovery Team immediately opened an investigation. Eight days later, Williams was apprehended in Elkton, Maryland.
Williams was tried before a jury on the charge of Escape After Conviction, 11 Del. C. § 1253. Prior to trial, Williams indicated he wished to offer a “choice of evils” defense under 11 Del. C. § 463. The State moved to preclude Williams from arguing the defense. The trial judge asked whether Williams had made a pretrial offer of proof. Williams had not. Williams planned on presenting the defense solely through his own testimony. Williams stated that the basis of his defense was that he feared his daughter was going to commit suicide.
Defense counsel and the trial judge then engaged in the following colloquy:
Defense Counsel: Your Honor, he’s asking for new counsel.
The Court: Well, he’s not getting it. We’re in trial today. He’s been down this route before. This is going forward. We’re going to finish this trial, and that’s the end of it. You’ve played this game before, Mr. Williams. You’re not playing it again. And I don’t want to discuss it with you, either.
Next, defense counsel informed the trial judge that Williams wanted to represent himself. Instead of engaging in any further colloquy with Williams or his counsel, the trial judge answered:
The Court: He’s not allowed to. We’re moving forward. You’ve already started with counsel. You finish with counsel. You don’t get to change your mind in the middle of the trial. I understand what he’s trying to accomplish, and it’s not going to happen.
The trial resumed and the State presented its last witness. During the defense’s case, Williams testified on his own behalf. Williams followed the court’s instruction to not mention the reasons he left the Plum-mer Center. The jury found Williams guilty as charged. This appeal followed.
Analysis
The United States Constitution and the Delaware Constitution both provide a right to self-representation in a criminal proceeding.
The right for a criminal defendant to proceed pro se is not absolute.
In Christopher v. State, a trial judge’s denial of a defendant’s mid-trial request to proceed pro se was at issue.
On appeal, this Court found that the trial judge in Christopher engaged in an insufficient colloquy. Though recognizing that the right to self-representation may be curtailed once a trial has commenced, we held that a trial judge must develop a record that makes clear “either the factual findings or the legal reasoning underlying the trial judge’s denial of [the defendant’s] mid-trial request.”
The record in this case provides no basis for us to find a waiver of the right to self-representation. There was no colloquy at all with Williams. Instead, the trial judge responded to Williams’ request by telling him flatly that he would not be allowed to represent himself because he started with counsel and he would finish with counsel. Starting a trial with counsel, without more, is not a basis to deny a defendant’s right to self-representation.
We reiterate that while the right to proceed pro se may be curtailed after a trial begins, “the trial judge considering the motion must weigh the legitimate interests of the defendant against the prejudice that may result from the potential disruption of the proceedings already in progress.”
Conclusion
The right of self-representation in a criminal proceeding is structural.
Notes
. Because we reverse on this ground, it is unnecessary to address Williams’ remaining claim.
. U.S. Const. amend. VI; Faretta v. California,
. McKaskle v. Wiggins,
. Hartman v. State,
. Faretta,
. Zuppo,
. Id. at 547-48 (citing United States v. Stevens,
. Christopher v. State,
. Id.
. Id. at 897.
. Id. at 898.
. Id. at 897.
. Zuppo v. State,
. Christopher,
. Hartman v. State,
