532 N.W.2d 557 (Minn. 1995)

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State v. Brodie

Supreme Court of Minnesota

May 31, 1995

532 N.W.2d 557 (Minn. 1995)

Summary

holding that district court did not err in finding that waiver of counsel was valid when the defendant was given counsel but fired the attorney who was then appointed as standby counsel

Summary of this case from State v. Collins

See 18 Summaries

Opinion

No. C3-94-1167.

May 31, 1995.

Appeal from the District Court, St. Louis County, Gerald E. Maher, J.

ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the petition of the State of Minnesota for further review of the decision of the court of appeals awarding defendant, Michael Wayne Brodie, a new trial on a charge of aggravated DWI be, and the same is, granted for the limited purpose of reinstating defendant's conviction. The court of appeals based the award of a new trial primarily on (1) the trial court's refusal to give all, as opposed to part, of a requested defense instruction on the defense of necessity and (2) the trial court's failure to question defendant more on the record as to whether his waiver of counsel was knowing and intelligent. We conclude that the court of appeals erred on both grounds. (1) We need not speak to the defense of necessity in any detail. Suffice it to say, in this case the defense did not meet its burden of raising the defense of necessity and therefore defendant was not even entitled to have the jury instructed on the defense. Defendant claimed necessity but our review of the record convinces us that he did not make a sufficient prima facie showing of justification by necessity. (2) This is not a case in which the record is silent on whether defendant knowingly and voluntarily waived his right to counsel. Defendant was in fact given counsel and he then "fired" counsel. The record is clear that defendant knew that he did not have a right to a different public defender but would have to represent himself if he did not accept the services of the public defender. The trial court apparently asked the original public defender to act as standby counsel and, in fact, that attorney not only helped defendant at trial but, with the defendant's permission, gave the closing argument. Reversed and judgment of conviction reinstated.

BY THE COURT:

/s/ Alexander M. Keith Chief Justice

Summaries of

State v. Brodie

Supreme Court of Minnesota

May 31, 1995

532 N.W.2d 557 (Minn. 1995)

holding that district court did not err in finding that waiver of counsel was valid when the defendant was given counsel but fired the attorney who was then appointed as standby counsel

Summary of this case from State v. Collins

holding defendant waived his right to counsel where he "fired" his public defender knowing he had no right to different public defender and where "standby" public defender nonetheless assisted defendant at trial

Summary of this case from State v. Paris

holding waiver valid when defendant wanted to "fire" his attorney and was aware that he would have to represent himself

Summary of this case from State v. Carmona

holding waiver valid when defendant wanted to "fire" his attorney and was aware that he would have to represent himself

Summary of this case from In re G.L.H

finding valid waiver without detailed on-the-record discussion between defendant and district court when defendant fired his appointed attorney knowing he could not have another court-appointed attorney

Summary of this case from State v. Shea

concluding waiver was valid because the defendant was represented by counsel for a month prior; the defendant knew he would need to represent himself; and the district court appointed standby counsel

Summary of this case from State v. Southern

ruling that record supported valid waiver of right to attorney where defendant consulted with and partially relied on public defender, even though district court failed to conduct comprehensive examination of defendant prior to accepting waiver

Summary of this case from MAKI v. STATE

upholding a defendant's waiver where the record showed he was "given counsel and he then `fired' counsel" and he knew he "would have to represent himself if he did not accept the services of the public defender"

Summary of this case from State v. Davis

affirming conviction and rejecting invalid-waiver challenge because "defendant knew that he did not have a right to a different public defender but would have to represent himself if he did not accept the services of the public defender"

Summary of this case from State v. Nelson

reversing this court and finding right-to-counsel waiver valid where defendant had been given counsel but then fired him, knowing that another public defender would not be appointed and defendant would have to represent himself

Summary of this case from State v. Haggenmiller

In Brodie, the defendant "fired" his public defender and then appealed his conviction, arguing that his waiver of counsel was not knowing and intelligent.

Summary of this case from In re the Welfare of G.L.H

In State v. Brodie, 532 N.W.2d 557 (Minn. 1995), we issued an order reversing the court of appeals because, in part, the defendant had not made a prima facie showing of the defense of justification by necessity so as to require a jury instruction where the crime charged was aggravated driving while intoxicated.

Summary of this case from State v. Martin

In Brodie, the defendant discharged his public defender but that attorney stayed on as standby counsel, even delivering the closing argument at trial.

Summary of this case from Walford v. State

stating that defendant seeking a necessity instruction has the burden of making a prima facie showing

Summary of this case from State v. Flowers

addressing waiver of right to counsel

Summary of this case from State v. Stamps

In State v. Brodie, 532 N.W.2d 557, 557 (Minn. 1995), the supreme court concluded that a defendant's waiver of counsel was constitutionally valid without a record of a detailed colloquy discussing waiver.

Summary of this case from State v. Barry

In State v. Brodie, 532 N.W.2d 557, 557 (Minn. 1995), the supreme court held that a defendant knowingly and voluntarily waived his right to counsel when he was given counsel but fired his attorney, and the original public defender assisted the defendant at trial.

Summary of this case from State v. Garibaldi

In State v. Brodie, 532 N.W.2d 557 (Minn. 1995), the supreme court held that the defendant knowingly and voluntarily waived his right to counsel when he "fired" appointed counsel, and the record demonstrated that the defendant knew that he did not have a right to a different public defender but would have to represent himself if he did not accept the public defender's services.

Summary of this case from State v. York

State v. Brodie

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Opinion

ORDER

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State v. Brodie

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State v. Brodie

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