State v. Smith

The State v. Smith

State v. Smith, 452 S.E.2d 90 (Ga. 1994)

Court: Supreme Court of Georgia · State Highest Courts
Decided: November 21, 1994
Docket: No. S94G0541
Judges: Hunt
Citations: 452 S.E.2d 90264 Ga. 63494 Fulton County D. Rep. 37371994 Ga. LEXIS 896

Cited by 7 1 descriptions by later courts

Opinion — Hunt

Hunt, Chief Justice.

We granted certiorari to consider whether the Court of Appeals correctly reversed Smith’s misdemeanor conviction because the trial court did not adequately warn him of the dangers of self-representa *635 tion. Smith was found guilty of simple battery, but not guilty of criminal trespass, and he was sentenced to 12 months probation, a fine, and 32 hours of community service.

Decided November 21, 1994.

Ralph T. Bowden, Jr., Solicitor, Cliff Howard, Jaqueline R. Sea-bolt, Assistant Solicitors, for appellant.

Rita T. Williams, for appellee.

Before trial, he invoked his right to appointed counsel, but was rejected, not because of the nature of the charges against him, but because he did not qualify for indigent representation. He then informed the trial court that while he wanted to hire a lawyer, he could not afford to do so even though his financial status precluded the services of the public defender. And, as pointed out by the dissent in the Court of Appeals, he indicated that he clearly understood and wished to avoid the danger of self-representation, Burnett v. State, 182 Ga. App. 539, 541 (1) ( 356 SE2d 231 ) (1987). Accordingly, there was no reason for the trial court to advise him that he had a right to hire counsel, to assure that he had waived that right, and to warn him of the dangers of proceeding without retained counsel.

Judgment reversed.

All the Justices concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(trial court need not make determination on the record of waiver where defendant is nonindigent yet unable to afford retained counsel)

McQueen v. State, 492 S.E.2d 720 (Ga. Ct. App. 1997)

Cited by 7 cases

View all citing references →

Relies on it most ⓘ

Livingston v. State472 S.E.2d 317 (Ga. Ct. App. 1996)
Parks v. McClung524 S.E.2d 718 (Ga. 1999)
Flanagan v. State462 S.E.2d 469 (Ga. Ct. App. 1995)
Barnes v. State570 S.E.2d 277 (Ga. 2002)
McQueen v. State492 S.E.2d 720 (Ga. Ct. App. 1997)
In the Interest of T. D. W.493 S.E.2d 736 (Ga. Ct. App. 1997)

Most recent

Barnes v. State570 S.E.2d 277 (Ga. 2002)
Parks v. McClung524 S.E.2d 718 (Ga. 1999)
In the Interest of T. D. W.493 S.E.2d 736 (Ga. Ct. App. 1997)
McQueen v. State492 S.E.2d 720 (Ga. Ct. App. 1997)
Livingston v. State472 S.E.2d 317 (Ga. Ct. App. 1996)
Flanagan v. State462 S.E.2d 469 (Ga. Ct. App. 1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Burnett v. State, 356 S.E.2d 231 (Ga. Ct. App. 1987)	28

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