Legal Opinion · Dissent

State v. Anderson

Court of Appeals of North Carolina

Decided August 16, 2011No. COA10-1573Published

1DissentBryant, Judge

The majority holds that the trial court failed to adequately engage in the constitutional inquiry set forth in N.C. Gen. Stat. § 15A-1242 (2009) and therefore grants a new trial. However, because this Court has previously established that unless the record indicates otherwise, a court certified waiver of counsel is presumed to be knowing, intelligent, and voluntary, I must respectfully dissent.

The majority holds that defendant was not informed of both of the charges for which he was indicted such that his waiver would not be knowing, voluntary, and intelligent as the trial court did not…

2Cases cited3 opinions

  1. State v. WarrenCourt of Appeals of North Carolina · 1986
  2. State v. WatsonCourt of Appeals of North Carolina · 1974
  3. State v. PatersonCourt of Appeals of North Carolina · 2010

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