The People v. Cain
Panel Rejects Defendant's Claim City Court Erred in Allowing Him to Proceed Pro Se
July 04, 2017 at 12:00 AM
2 minute read
PER CURIAM
Cain appealed from judgments convicting him, after jury verdicts, of among other things, petit larceny Cain stole a book bag and a package of t-shirts from a Rite-Aid drugstore, after police confronted him in a parking lot, he pushed his bicycle into the police car's driver's side door damaging it. He was convicted, and now argued the City Court erred in allowing him to represent himself at a jury trial with assistance of standby counsel, and that the court prevented him from presenting evidence to establish a prosecutor was vindictive in bringing the charges against Cain. The panel found city court undertook the required searching inquiry, informing Cain of the risk inherent in proceeding pro se, and concluded the record showed Cain knowingly, voluntarily and intelligently waived his right to counsel, and proceed pro se. It stated once a defendant refused assistance of counsel, he cannot be heard to later complain the court failed to protect him from his own ineptitude. Also, the panel rejected Cain's claims of not being permitted to present evidence of a prosecutor's vindictiveness as meritless, noting while the court did not allow Cain's self-serving sworn statements to be admitted, it allowed Cain to testify on his vindictive prosecution claim. Thus, the judgments were affirmed.
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