State v. Merrill

The defendant was convicted of simple assault following a trial by jury. Both at arraignment and throughout the trial he represented himself. He appeals his conviction, presenting the issue whether he made a knowing and intelligent waiver of his right to counsel. The record below is insufficient to determine whether the waiver was knowing and intelligent. Accordingly, the judgment is stricken and the case remanded for the trial court to consider such post-trial motions as would allow the trial court in the first instance to determine whether the waiver was knowing and intelligent.

The trial…