Jackson v. State

Because the defendant in this case did not knowingly and intelligently waive his right to counsel, I respectfully dissent.

It is well-settled that the Sixth and Fourteenth Amendments of our federal Constitution provide criminal defendants in state courts the fundamental right to be represented by counsel at trial. Gideon v. Wainwright, 372 U.S. 335, 342-43, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). This right is not absolute; it may be waived by the defendant. Johnson v. Zerbst, 304 U.S. 458, 465, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). Waiver may be communicated verbally or through the defendant’s…