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Cook v. State

The defendant had the right to represent himself on appeal if he adequately waived his right to counsel and elected to exercise his constitutional right to do so.

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A Henry County jury found Marcus Lewis Cook guilty of burglary.1 Cook appeals, arguing that the trial court erred by refusing to allow him to represent himself at the hearing for his motion for new trial or on appeal.2 For the following reasons, we vacate the trial court’s judgment and remand for further proceedings consistent with this opinion. Cook argues that the trial court erred by denying his motion to dismiss counsel and represent himself at the motion for new trial and on appeal. Cook maintains that he has been determined to be competent to stand trial, and his right to represent himself has, therefore, been violated by the trial court. Cook asks this Court to remand the case to the trial court so that he may allowed to litigate the motion for new trial and the appeal while acting pro se.

After the jury returned a guilty verdict against Cook and after his counsel filed a motion for new trial, Cook filed numerous motions to dismiss counsel and represent himself. The court conducted a hearing on Cook’s motions and inquired into a pending mental health evaluation of Cook. Cook wanted to waive the evaluation, but his counsel advised the court that conducting the evaluation was the “appropriate thing to do.” The court denied Cook’s motions and denied his request to waive the evaluation.

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