United States v. Garrett Brock Trapnell

Following a trial by jury, appellant was convicted of conspiring to kidnap a foreign official in violation of 18 U.S.C. §§ 1201 (a)(4) and 1201(c). The appellant was permitted to represent himself, although the court, pursuant to appellant’s request, appointed an attorney ad-visor to assist appellant during the trial. Appellant’s sole contention on appeal is that the court erred in failing to assist him during the course of the trial.

This court has held that a defendant’s right to proceed pro se is a “right of constitutional dimension”. United States v. Price, 474 F.2d 1223, 1226 (1973). This right may not be denied because the defendant “lacks expertise or professional capabilities”. Id. at 1227 . The trial court is concerned only with the question of whether the defendant has the “capacity to decide intelligently and to understand what he is doing, i. e. can the defendant made a valid waiver of his right to counsel?” Id. The court has the obligation to address the accused personally and determine on the record “that the demand to . proceed pro se is competently and intelligently made with understanding of the nature of the charge and the penalties involved”. United…