State v. Lewellyn
Citations
- 2025 ND 98
Syllabus
To determine whether a defendant's right to counsel has been violated, this Court has developed a two-step inquiry: (1) whether the defendant's waiver was voluntary; and (2) whether the defendant's waiver was knowing and intelligent. A defendant may indicate a voluntary desire for self-representation with an unequivocal statement or with conduct that is the functional equivalent of such a statement. A knowing and intelligent waiver of the right to counsel depends on the facts and circumstances and requires the defendant to be made aware of the dangers and disadvantages of self-representation so the record establishes the defendant knows what he is doing and his choice is made with eyes open. Motions for continuance must be promptly filed as soon as the grounds are known and will be granted only for good cause shown. This Court will not reverse a district court's decision to deny a continuance absent an abuse of discretion.
Judges: McEvers, Lisa K. Fair
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10 cases in this archive are cited by this case.
- Hiram Eugene Meyer v. Willis Sargent, Warden, Arkansas Department of CorrectionsEighth Circuit· 1988-11-04· cited 85×
- State v. HarmonNorth Dakota Supreme Court· 1998-02-12· cited 53×
- State v. DvorakNorth Dakota Supreme Court· 2000-06-25· cited 52×
- State v. DvorakNorth Dakota Supreme Court· 2000-01-19· cited 50×
- City of Fargo v. RockwellNorth Dakota Supreme Court· 1999-07-13· cited 34×
- State v. HilgersNorth Dakota Supreme Court· 2004-08-04· cited 32×
- State v. YostNorth Dakota Supreme Court· 2014-11-12· cited 18×
- State v. GlaumNorth Dakota Supreme Court· 2024-03-18· cited 13×
- State v. RodriguezNorth Dakota Supreme Court· 2020-12-17· cited 7×
- State v. LewellynNorth Dakota Supreme Court· 2025-05-22· cited 1×
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