Mitchell v. State

KARWACKI, Judge.

In this case we granted certiorari to decide whether a new trial, rather than a limited remand, is required when a trial court fails to conduct a sufficient inquiry to determine whether a criminal defendant’s reasons for appearing at trial without counsel are meritorious before ruling that the defendant had waived the right to counsel by inaction. For the reasons set forth below, we shall hold that a new trial is required under these circumstances.

I

David Mitchell, the petitioner, was charged with theft, eluding the police, and driving on a revoked license. On February 5, 1993,…