Middleton v. State
Middleton v. State
Opinion of the Court
Glen Middleton appeals his conviction for burglary. He contends the trial court erred by allowing him to proceed to trial without counsel and without assuring that he made a voluntary, knowing, and intelligent waiver of his right to counsel. We agree and reverse.
1. The constitution guarantees the right to counsel to an accused in any prosecution that could result in imprisonment.
In Clarke v. Zant,
The State has not met its burden in this case. Although the trial court told the jury at one point that it had “questioned Mr. Middleton at length and [was] satisfied that he knows what he’s doing and that he’s capable of conducting his defense the best he can,” nothing in the record shows that the trial court — or anyone else — ever warned Middleton about the dangers of proceeding pro se or explained to him the nature of the charges against him, the potential penalties he faced, and possible defenses or mitigating circumstances. Likewise, aside from the court’s comments to the jury, the record contains no findings from the court that Middleton’s waiver of counsel was knowing, informed, and intelligent.
The State relies on Brooks v. State,
First, although the trial transcript shows that Middleton had several prior convictions for various crimes, the record does not show whether he pled guilty or whether those convictions followed jury trials. Therefore, even if we were to credit Middleton with experience in criminal procedure because of those convictions, we cannot ascertain
Second, the pretrial waiver form given to the defendant in Brooks was related to the waiver of counsel at a guilty plea and included some of the warnings and advice relevant to a waiver of defense counsel at trial.
Third, although an attorney was appointed to advise Middleton at trial, it is apparent from the record that the attorney’s role was minimal and limited largely to such mechanical functions as introducing photographs into evidence and swearing Middleton’s sole defense witness.
The circumstances of this case differ from those in Brooks and do not require the same result. Because the record here does not demonstrate a voluntary, knowing, and intelligent waiver of Middleton’s right to counsel, the trial court erred by allowing Middleton to proceed to trial without counsel. Because Brooks is distinguishable on its facts, this case does not present an opportunity to consider, as the special concurrence suggests, whether Brooks should be overruled.
2. We next consider whether Middleton was harmed by the trial court’s error. To establish harmless error, the State has the burden of showing beyond a reasonable doubt that the error did not contribute to the verdict.
The State argues that the error was harmless because the evidence against Middleton was strong. But strong evidence of guilt does not mean that the trial court’s failure to establish a valid waiver of counsel was harmless error. We have repeatedly found that such error was not harmless where the record showed that the defendant
The State’s evidence against Middleton consisted of Middleton’s statement to the police that Daniel Littlejohn approached him about assisting in a burglary, drove him to a mobile home, and pried open the door with a tire iron, after which both men carried various items out of the home. The State also presented the testimony of Littlejohn, who admitted to planning and being the principal actor in the burglary, but stated that Middleton also participated actively.
Middleton failed to present any coherent defense to this evidence. He apparently saw the self-incriminating statement for the first time only moments before trial, and despite his contentions that he had made the statement while “under the influence” and only because the police had misled him, he did not object that it was not voluntary. During his cross-examination of Littlejohn, Middleton apparently referred to Littlejohn’s statement to the police, but he never tried to admit the statement into evidence or show its significance. Thus, the cross-examination was confusing and ineffective.
With the assistance of an attorney, Middleton might have conducted competent cross-examinations or presented evidence to support a defense. Or, if no such evidence could be found, an attorney might have recommended that Middleton plead guilty in exchange for a lesser sentence.
Not only did Middleton fail to present any meaningful evidence in defense, but the trial court failed to give any jury charges that might have explained his defense. The trial court instructed the jury on mere presence at the scene, but that was not Middleton’s theory of defense. His defense, at least as it appears from his closing argument, was that he was not at the mobile home but only helped Little-john sell the spoils later — that he was an accessory after the fact, not a party to the crime. While the trial court instructed the jury on party to a crime, the court did not tell the jury that a person cannot be both a party to the crime and an accessory after the fact — a charge that could have been crucial to Middleton’s defense. Although Middleton failed either to show that he requested such a charge or to present evidence to support it, his failure is easily attributable to his lack of counsel. In any event, the absence of a jury charge that would have explained the legal basis for Middleton’s defense compounded the harm he suffered.
Other instructions by the trial court further magnified the error. Although the trial court failed to establish on the record that Middleton had sufficient information to intelligently waive counsel, the court repeatedly told the jury that Middleton was embarking on a hazardous venture by proceeding pro se. For example, the court said that it had “forewarned” Middleton of the dangers of proceeding pro se; that it was “very skeptical” of self-representation; that it is “not always a good practice” to proceed pro se; that Middleton was acting “against the court’s advice”; that it was “very difficult for a lay person to come into a courtroom and defend themselves”; and that self-representation was like “going into the operating room in a hospital and not knowing whether the folks in there are doctors . . . you take a chance.” The court also told the jury that it was not the court’s fault if Middleton did not “know the evidence” and did not “know how to conduct the trial of the case.” And in its final charge, the court reminded the jury that it had “advised [Middleton] not to go to trial without benefit of counsel.” By harping on the perils Middleton faced, the trial court planted a seed in the jurors’ minds that he would not be able to defend himself adequately — which is precisely what happened.
Unfortunately, Middleton did not object to any of these prejudicial comments by the court, no doubt because he was unaware of their impropriety or of his opportunity to object. If the trial court had instructed Middleton on the record of the ramifications of proceeding pro se as thoroughly as it instructed the jury on what it thought was Middleton’s folly, Middleton would have had the information he needed to make a valid, informed decision whether to proceed pro se.
Finally, in its charge on parties to a crime, the court told the jury that “obviously . . . Mr. Littlejohn is an accomplice.” Middleton, without benefit of counsel, did not object to this statement, which further undermined — indeed, directly contradicted — his defense.
The record clearly shows that Middleton was unable, without counsel, to present any competent defense and that the trial court’s repeated improper comments, not objected to by Middleton, contributed to this inability. The State did not carry its burden of showing that the trial court’s error was harmless beyond a reasonable doubt. Because we cannot conclude that Middleton’s conviction was “independent of his decision to represent himself,”
3. Because we reverse the conviction and remand for a new trial, we need not address Middleton’s remaining enumerations of error.
Judgment reversed.
Faretta v. California, 422 U. S. 806 (95 SC 2525, 45 LE2d 562) (1975).
Rutledge v. State, 224 Ga. App. 666, 669 (3) (482 SE2d 403) (1997).
(Citations and punctuation omitted.) Id.
Id.
247 Ga. 194 (275 SE2d 49) (1981).
Id. at 197.
See, e.g., Simpson v. State, 238 Ga. App. 109, 112 (1) (517 SE2d 830) (1999); Rutledge, supra at 670.
Hamilton v. State, 233 Ga. App. 463, 467 (1) (b) (504 SE2d 236) (1998).
243 Ga. App. 246, 248 (1) (532 SE2d 763) (2000).
See Eiland v. State, 246 Ga. 112, 116 (2) (268 SE2d 922) (1980); State v. Hightower, 236 Ga. 58, 60 (222 SE2d 333) (1976).
See Raines v. State, 242 Ga. App. 727, 730 (1) (531 SE2d 158) (2000) (reversal required where, despite “substantial” evidence of guilt, transcript “reflects Raines’ inexperience in legal matters”); Braswell v. State, 240 Ga. App. 510, 511 (1) (523 SE2d 904) (1999) (no harmless error where transcript showed that defendant’s “efforts at defending herself were minimal and misguided,” even though State’s evidence was “strong”); Heard v. State, 236 Ga. App. 625, 626-627 (513 SE2d 35) (1999) (physical precedent only); Prater v. State, 220 Ga. App. 506, 509 (469 SE2d 780) (1996) (although evidence against defendant was “ample,” error was harmful because record showed defendant was “confused, disorganized, and ill-equipped for handling the case”).
The only evidence that came out on cross-examination that was even minimally helpful to Middleton was that Littlejohn testified at trial that the car they drove to the mobile home was burgundy, but Littlejohn had told the police that the car was blue.
Middleton was sentenced to ten years in prison, while Littlejohn was sentenced to seven years.
(Citation and punctuation omitted.) Raines, supra.
See Braswell, supra at 511 (2).
Concurring Opinion
concurring specially.
Although I concur fully in Divisions 2 and 3 of the majority opinion and with most of the analysis in Division 1,1 cannot concur fully in that Division because I believe reaching the result achieved by the majority requires overruling Brooks v. State, 243 Ga. App. 246 (532 SE2d 763) (2000). See id. at 253-258 (Barnes, J., dissenting).
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