X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

John Craig Manning appeals following his conviction on four counts of burglary and one count of vandalism to a place of worship. He asserts that the trial court erred in failing to adequately ascertain that his waiver of the right to counsel was knowing and voluntary and also erred in denying his request that his court-appointed lawyer assist him at trial while he represented himself pro se. Manning had a constitutional right to counsel at trial, subject only to a knowing and voluntary waiver of that right. Raines v. State , 242 Ga. App. 727, 728 1 531 SE2d 158 2000. The waiver of the right to counsel “is valid only if it is made with an understanding of 1 the nature of the charges, 2 any statutory lesser included offenses, 3 the range of allowable punishments for the charges, 4 possible defenses to the charges, 5 circumstances in mitigation thereof, and 6 all other facts essential to a broad understanding of the matter.” Citation omitted. Middleton v. State , 254 Ga. App. 648 1 563 SE2d 543 2002. The state has the burden of demonstrating that the defendant received “sufficient information and guidance from the trial court” to make a knowing and intelligent waiver. Hamilton v. State , 233 Ga. App. 463, 467 1 b 504 SE2d 236 1998. But is not necessary for the trial court to review each of these factors with the defendant. “The record need only reflect that the accused was made aware of the dangers of self-representation and nevertheless made a knowing and intelligent waiver.” Citations and punctuation omitted. Jones v. State , 272 Ga. 884, 886 2 536 SE2d 511 2000.

That determination of whether the defendant’s waiver was knowing and voluntary depends upon the particular facts and circumstances in each case, including the defendant’s background, experience, and conduct. Coppolla v. State , 238 Ga. App. 567, 573 2 519 SE2d 494 1999. And the trial judge “must investigate as long and as thoroughly as the circumstances of the case before him demand” in order to make that determination. Citation omitted. Middleton , 254 Ga. App. at 648.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›

Our client, a small but highly sophisticated and entrepreneurial tax boutique in Charleston, SC, has asked for our firm s assistance in iden...


Apply Now ›

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›