Forfeiture of Counsel and “Gray Area” Defendants

I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment of the right to counsel. Forfeiture of the right to counsel involves an involuntary relinquishment of the right, typically because of misconduct. A recent case, … Read more

Defendants Who Represent Themselves

Earlier this month, the Supreme Court of North Carolina decided State v. Lane, a capital case involving the abduction, rape, and murder of a five-year-old girl. The defendant in Lane initially sought to represent himself, exercising the right of self-representation established in Faretta v. California, 422 U.S. 806 (1975) (holding that part of the right … Read more