De Novo Review for Counsel Forfeiture

A trial court's finding that a defendant forfeited his right to counsel through his conduct must be reviewed de novo, even if the defendant did not object at the time and did not have counsel at the hearing.

 

United States v. Ductan, 2015 BL 284193, 4th Cir., No. 14-4220, 9/2/15

    The defendant had not stated specifically that he objected to the ruling that he had forfeited his right to counsel. He did indicate that he was planning to hire private counsel and did not represent himself. He was also speaking in what the Fourth Circuit called "nonsense statements." This behavior prompted the magistrate judge to declare that the defendant had forfeited his right to counsel.

    In this per curiam decision, the Fourth Circuit said that the circumstances of the case require a de novo review of the finding of forfeiture of the right to counsel. The court cited the Ninth Circuit decision referring to a defendant's inability to understand, or even point out, the trial court's errors. The context of making a decision of forfeiture based, at least in part, on the defendant's behavior has now been used in at least two circuits.


http://www2.bloomberglaw.com/public/desktop/document/United_States_v_Ductan_No_144220_2015_BL_284193_4th_Cir_Sept_02_2