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Raines v. State

The trial court failed to ensure that the defendant was sufficiently informed of his right to counsel and the dangers of proceeding pro se after he told the court that he could not afford an attorney.

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Bernard Lee Raines represented himself pro se at trial and was convicted on one count of robbery by intimidation. He was sentenced to ten years. On appeal Raines asserts that he was denied his constitutional right to counsel.

On the day of his trial, Raines appeared without counsel and stated that he intended to defend himself. The trial judge asked Raines why he had not gotten a lawyer. Raines replied that he could not afford one. He stated that he had talked to several lawyers, but they would not represent him. In response to the judge’s further inquiries, Raines repeatedly stated he could not get an attorney because he did not have enough money to pay one. The trial court then asked: “And to that extent, do you understand that you probably need a lawyer to represent you, you’re charged with a very serious crime” Raines responded by saying that he understood, but after reading over the evidence he could defend himself. The state then asked the judge to apprise him of the dangers of self-representation, and the judge stated:

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