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BUSH v. STATE12/1/1995
"MR. GLASSROTH: Okay, Your Honor, I understand. And for purposes of the record, the defendant objects to anything which would inhibit the accused's ability to participate in any way as counsel for himself in this cause.
"THE COURT: He can participate in any way, except I want it shown to me first any statement he wants to make. I'll not rule on that; but I'll rule on it when you show me what it may or may not be.
". . . .
"THE COURT: I'll do this too, on any statement he wants to make, if he wants to tell me anything either orally or in writing prior to making it to the jury, I'll rule on that at that time. Do y'all understand what I'm saying?
"MR. GLASSROTH: Yes, sir.
"THE COURT: He can't just get up and make a closing or make any kind of statement to the jury if he's not under oath, unless he either tells me or y'all tell me on his behalf, or he gives it to me in writing, what his statement will be, and then we will go into that then.
". . . .
"THE COURT: Now, the State puts on testimony, the defense will put on testimony. I will revisit what I said about the defendant participating as counsel at this time. I said he could participate as counsel except that I want anything he is going to say to be written out. I will hear what you all have to say about that at this time.
"MR. GLASSROTH: Could we have about two minutes to talk about it? . . . The defendant does not want to make a statement."
In granting the appellant leave to act as co-counsel, with the restriction that he would not be permitted to make a statement before the jury that was not under oath or subject to cross-examination without the court's prior approval, the trial court was obviously forbidding a testimonial statement not under oath or subject to cross-examination. In so ruling, the court was not refusing to allow the appellant to act as co-counsel, and furthermore,
the record shows no instance in which he was not permitted to act as co-counsel.
The right of self-representation does not excuse a defendant from complying with the relevant rules of procedure and substantive law. Faretta v. California; Justus v. Commonwealth, 222 Va. 667, 283 S.E.2d 905 (1981), cert. denied, 455 U.S. 983, 102 S.Ct. 1491, 71 L.Ed.2d 693 (1982). The "rules of evidence, procedure, and substantive law will be applied the same to all parties in a criminal trial whether that party is represented by counsel or acting pro se." Williams v. State, 549 S.W.2d 183, 187 (Tex. Cr. App. 1977). The appellant's motion for self-representation could well have been a ploy for the appellant to "testify" before the jury without the safeguard of an oath or the risk of cross-examination or impeachment. An accused need not be permitted to make a statement that which is really testimonial in nature without taking the witness stand. Justus v. Commonwealth; 22 C.J.S. Criminal Law § 296. In the instant case, we find no merit in the appellant's contention, and no error in the procedure followed by the trial court.
XII.
The appellant contends that the trial court erred in failing to grant challenges for cause as to several members of the jury venire. In reviewing these challenges, we are guided by the following principles:
"The grounds on which a juror may be challenged for cause are set out in Code 1975, § 12-16-150. Additional grounds for challenge for cause under the common law still exist where they are not inconsistent with the statute. Kinder v. State, 515 So.2d 55, 60 (Ala.Crim.App. 1986).
"In challenging a juror for cause, the test to be applied is that of probable prejudice. Alabama Powe
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