State v. Northington

OPINION

PONES, Chief Justice.

We granted defendant’s Rule 11 application for permission to appeal to further review the issue of whether defendant made a knowing and intelligent waiver of his right to counsel and whether in making such a determination it is permissible to consider the quality of a defendant’s pro se trial performance.

The Court of Criminal Appeals held that the trial judge’s investigation of the factors bearing upon a knowing and intelligent waiver were insufficient, and we agree. But, the intermediate Court, giving consideration to the performance of defendant at trial,…