Leonard v. State

ON PETITION TO TRANSFER

KRAHULIK, Justice.

The question presented by the State's petition to transfer is whether the "guidelines" set forth in Dowell v. State (1990), Ind.App., 557 N.E.2d 1063, to determine a knowing, intelligent, and voluntary waiver of a defendant's right to counsel are mandatory in making that determination. We hold that they are not.

Leonard (defendant below) was charged with two counts of child molesting as Class B and Class C felonies, respectively. Approximately one month before trial, Leonard wrote a note to the trial court stating that he did not wish to have counsel…