People v. Russell

In this case, we granted leave to appeal to consider whether a defendant may, by conduct alone, “unequivocally” waive his Sixth Amendment Right to counsel and elect to proceed pro se. We need not reach that question in this case because a review of the record reveals that defendant clearly and unequivocally declined self-representation. We reverse the decision of the Court of Appeals and remand for a new trial.

I. FACTS AND PROCEDURAL HISTORY

Defendant was charged with possession with intent to deliver less than fifty grams of both cocaine and heroin.1 At the beginning of trial, defendant…