State v. Whitfield

I do not agree with the majority’s holding that defendant fully understood her waiver of counsel. As discussed above, N.C. Gen. Stat. § 15A-1242 (2003) mandates that the trial judge must conduct a “thorough inquiry and [be] satisfied that the defendant . . . [h]as been clearly advised[,] . . . [understands and appreciates [,] . . . and [comprehends” three distinct aspects of their waiver. A trial court’s failure to thoroughly inquire into 1) the right to counsel; 2) the consequences of the decision to proceed pro se; and 3) the nature of the proceedings and possible punishments, fails to meet…