Legal Opinion

Drake v. State

Indiana Court of Appeals

Decided October 28, 2008No. 77A04-0803-CR-158PublishedCited by 25 opinions

1Opinion of the Court

OPINION

BAKER, Chief Judge.

Appellant-defendant Adam Drake appeals his conviction and sentence for Battery, 1 a class D felony. Specifically, Drake argues that his Sixth Amendment 2 right to counsel was violated because he did not knowingly and intelligently waive that right when the trial court granted his request to proceed pro se. Concluding that Drake did not make a knowing and intelligent waiver of his right to counsel, we reverse and remand for new trial.

FACTS 3

On December 19, 2007, Kristen Copeland, Drake’s ex-fiancé, tried to retrieve some of her belongings from Drake’s residence. Drake…

2Cases cited14 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Poynter v. StateIndiana Supreme Court · 2001

9 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Kenneth McBride v. State of IndianaIndiana Court of Appeals · 2013
  2. Major Wilson v. State of IndianaIndiana Court of Appeals · 2018
  3. Adrian Jackson v. State of IndianaIndiana Court of Appeals · 2013
  4. Wendell Brown a/k/a Menes Ankh El v. State of IndianaIndiana Court of Appeals · 2016
  5. A.S. v. StateIndiana Court of Appeals · 2010

20 more not listed; retrieve them via the Exa API.

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