Benjamin Adams v. Midge Carroll, Warden

A criminal defendant’s assertion of his sixth amendment right to self-representation must be knowing and intelligent, Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525, 2541 , 45 L.Ed.2d 562 (1975), timely and not for the purpose of delay, United States v. Smith, 780 F.2d 810, 811 (9th Cir.1986) (per curiam), and unequivocal, Armant v. Marquez, 772 F.2d 552, 555 (9th Cir.1985), cert. denied, 475 U.S. 1099 , 106 S.Ct. 1502 , 89 L.Ed.2d 902 (1986). This case presents a question concerning the last of these requirements: Is a request to proceed without counsel unequivocal where the defendant consistently wishes to invoke the right only as an alternative to the appointment of a particular defense attorney? We hold that it is.

I

On June 28, 1983, Benjamin Adams was charged with robbery, attempted robbery and kidnapping for the purpose of robbery. Los Angeles County Deputy Public Defender Dennis Carroll was appointed to represent Adams, who pleaded not guilty.

The relationship between Adams and Carroll deteriorated quickly. On September 14, citing a “lack of trust and communication with Mr. Carroll,” and accusing Carroll of incompetent representation at his preliminary…