Nelson (Michael) v. State

Nelson's request because of his inability to articulate "the elements of the crime, how to pick a jury, [the] rules of evidence, how to go about questioning witnesses and objecting to things" and his lack of "the kind of experience necessary" to represent himself. The district court did not make a finding as to whether Nelson understood the risks of self- representation or whether his decision was knowing, voluntary, and intelligent. Although the district court's canvass regarding Nelson's legal knowledge was appropriate, its reliance upon his lack thereof as the basis to deny his request was not." Vanisi, 117 Nev. at 341, 22 P.3d at 1172 ("[A] criminal defendant's ability to represent himself has no bearing upon his competence to choose self-representation." (internal quotation marks omitted)); Graves v. State, 112 Nev. 118, 124, 912 P.2d 234, 238 (1996).

Because the record makes clear that Nelson understood the risks of proceeding without counsel and chose to assume them, we conclude that the district court erred by denying his request on the stated grounds, see Vanisi, 117 Nev. at 341-42, 22 P.3d at 1172, and we

'Although the district court would have acted within its discretion had it denied Nelson's request as untimely, the record clearly indicates that it based its decision on Nelson's lack of legal knowledge.

SUPREME COURT

OF

NEVADA (0) 1947A

Sra,W11=1)17.791)7RMISE7P-1,1;s' , - ORDER the judgment of conviction REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

Hardesty cc: Hon. Douglas W. Herndon, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A

MENEM' ORMANMO"1111E