Legal Opinion · Dissent

State v. Love

Court of Appeals of North Carolina

Decided November 17, 1998No. COA 97-862Published

1Dissent

*360Judge Hoeton

dissenting.

I respectfully dissent from the holding of the majority that this indigent and incarcerated defendant knowingly, intelligently, and voluntarily chose to represent himself in the defense of four serious charges which resulted in his imprisonment for a minimum term in excess of 13 years.

The Sixth Amendment to the United States Constitution provides in part that “[i]n all criminal prosecutions the accused shall enjoy the right... to have the assistance of counsel for his defense.” U.S. Const, amend. VI. This right to the assistance of counsel is made applicable to the…

2Cases cited6 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Powell v. AlabamaSupreme Court of the United States · 1932
  4. State v. HutchinsSupreme Court of North Carolina · 1981
  5. State v. ThackerSupreme Court of North Carolina · 1980

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