Doss

Defendant Jimmie L. Doss, Jr., appeals from a judgment entered after a jury convicted him of assault with a deadly weapon and battery. The sole issue on appeal is whether the trial court applied an incorrect legal standard in revoking Doss’s right to represent himself under Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ] (Faretta).* 1 We conclude that the trial court applied an incorrect standard, and we conditionally reverse the judgment and remand for a new hearing for the court to apply the correct standard. At the hearing, the court may consider any misconduct by Doss since its previous ruling. If the court determines that Doss is not entitled to represent himself in a new trial, the judgment shall be reinstated. If the court determines that Doss is entitled to represent himself, he shall receive a new trial.

I.

Factual and Procedural Background

This case centers on the distinction between a defendant’s right under Faretta, supra, 422 U.S. 806 to self-representation in a criminal proceeding and an inmate’s right to certain jailhouse privileges as a consequence of self-representation. In legal terms, a self-represented defendant has in…