Opinion

State v. Clark

  • 722 N.W.2d 460
  • 2006 Minn. LEXIS 707
  • 2006 WL 2884169
Court
Supreme Court of Minnesota
Filed
Oct 12, 2006
Status
Published
Author
Meyer
On the bench
Page
Cited by
23 cases
Authority
More cited than 13.7%

holding that the district court did not abuse its discretion in denying a request for substitute counsel where the appointed counsel obtained favorable pretrial rulings and the district court was satisfied that the attorney was prepared for trial

How later courts described this case

  • holding that the district court did not abuse its discretion in denying a request for substitute counsel where the appointed counsel obtained favorable pretrial rulings and the district court was satisfied that the attorney was prepared for trial
  • adopting the phrase “searching inquiry” from Morrissey and stating that a “searching inquiry” may be required when a defendant “voices serious allegations of inadequate representation”
  • stating that an indigent defendant does not have a right to representation by a particular lawyer
  • holding that the Minnesota Constitution does not guarantee advisory counsel for pro se defendants

Written by the judges who cited it.

The opinion

MEYER, Justice

(concurring).

I write separately because I do not agree with the majority that Clark did not raise substantial complaints about the effectiveness of the representation provided by appointed counsel. I agree with the dissent of Justice Hanson that “Clark’s claims that counsel had not visited him in jail, had not discussed the case with him, would not seek out suggested witnesses, and would not have the gun checked for fingerprints, raised serious questions that required inquiry.” These claims amounted to “exceptional circumstances” such that the trial court should have conducted a more “searching inquiry” before ruling on the request. The court apparently did not make that inquiry because it was under the mistaken belief that the rules precluded appointment of a different public defender. I believe that the lack of inquiry precludes a finding that Clark’s waiver of his Sixth Amendment right to counsel was voluntarily made.

Nevertheless, because I conclude that Clark’s request for substitute counsel was untimely under the Worthy decision, the denial of his request was not an abuse of discretion. State v. Worthy, 583 N.W.2d 270, 278-79 (Minn.1998).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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