State v. Barnes

I respectfully dissent. I would find that Respondent waived his right to insist on counsel by arguing and obtaining a ruling that he was deprived of his right to represent himself in his first trial. In my opinion, such waiver should be assessed on a case-by-case basis; however, the facts of this case warrant a finding of waiver.

*8Here, Respondent has already received a full and fair trial. However, in his initial trial, Respondent took the position that he desired to represent himself. Pursuant to Indiana v. Edwards,4, the trial judge decided that Respondent was not capable of representing…