State v. Tonya Withers

Citations

• 172 A.3d 765

Syllabus

The defendant, Tonya Withers, appealed the denial of her motion for a new trial and denial of her motion to proceed pro se. On appeal, the defendant asserted that the trial justice erred in denying her motion for a new trial because the trial justice found the only witness who saw the alleged assault not to be credible. The defendant also argued that the trial justice erred in denying her request to represent herself after trial had commenced. The Supreme Court first held that the trial justice did not err in denying the defendant's motion for a new trial. The Court concluded that even though the trial justice found the complaining witness's testimony inconsistent, her finding that the other two witnesses' testimony offered circumstantial evidence supporting a finding that the defendant committed an assault was not in error. Next, the Court held that the trial justice did not err in denying the defendant's motion to proceed pro se. Although the Court acknowledged a preference for more than a brief discussion with a defendant before ruling on the effectiveness of a requested waiver of right to counsel, the Court ultimately concluded that the trial justice's discussions with the defendant were sufficient to establish that her right to counsel would not have been voluntary, knowing, and intelligent. Accordingly, the Supreme Court affirmed the Superior Court's judgment.