Poleahla v. Hopi Tribe

OPINION AND ORDER 1

This appeal concerns the ability of a criminal defendant to waive his right to counsel and the procedural requirements of such a waiver. The common law of the Hopi Tribe is applied to the appellant’s waiver of counsel at a criminal arraignment, and the waiver found to be lacking.

FACTUAL AND PROCEDURAL BACKGROUND

On November 28, 1988, the appellant was arraigned on two counts of assault and battery.2 At the arraignment, the appellant signed the standard waiver of counsel (without marking the question relating to a desire for legal counsel), pled guilty to the charges and was…