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Allen v. State4/2/2002
his defense counsel was inexperienced, there was a lack of communication between appellant and counsel, counsel failed adequately to examine witnesses at trial, and the district court made "no inquiry whatsoever" into appellant's "specific concerns" prior to trial.
[ ] We review the refusal to appoint substitute counsel for an abuse of discretion:
"While a trial court has the power in its discretion to appoint substitute counsel, its refusal to do so is not error unless an abuse of discretion is shown. A factual showing of good cause for the appointment of substitute counsel is essential to the demonstration of an abuse of discretion, and good cause is to be found in incompetence, commitment to a position or an interest which would conflict with the furnishing of an effective defense to the accused, or other good reason to conclude that appointed counsel is unable to furnish effective assistance." Bell v. State, 994 P.2d 947, 951 (Wyo. 2000) (quoting Irvin v. State, 584 P.2d 1068, 1071 (Wyo. 1978)).
The Sixth Amendment does not guarantee a meaningful relationship with appointed counsel; the purpose of providing assistance of counsel is to ensure that criminal defendants receive a fair trial. Bell, 994 P.2d at 951. A defendant has no right to the appointed counsel of his choice nor to counsel who would blindly follow his instructions. Vargas v. State, 963 P.2d 984, 990 (Wyo. 1998). In evaluating Sixth Amendment claims, "'the appropriate inquiry focuses on the adversarial process, not on the accused's relationship with his lawyer as such.'" Bell, 994 P.2d at 951-52 (quoting Wheat v. United States, 486 U.S. 153, 159, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988)). A court's own evaluation of counsel and the effect of any substitution upon the scheduled proceedings are proper considerations in addition to the reasons given for a defendant's dissatisfaction. State v. Stenson, 132 Wash.2d 668, 940 P.2d 1239, 1272 (1997), cert. denied, 523 U.S. 1008 (1998).
[ ] Appellant filed a motion on June 22, 1999, to dismiss his attorney and have a new attorney appointed to represent him. In the motion, appellant alleged that his appointed counsel stated he "really isn't [too] familiar with this type of case," which undermined appellant's "faith and belief . . . in his attorney's ability to research, build and present a proper and well planned defense."
[ ] Appellant was arraigned on June 29, 1999. Contrary to appellant's argument, the district court did address this particular motion prior to trial. At the arraignment, the district court asked if appellant would like to be heard on the motion, to which appellant replied that he would. In addition to the allegations contained in the motion, appellant claimed that his appointed counsel stated that appellant was "going to the penitentiary," and when appellant asked questions pertaining to the case, counsel replied that he "doesn't know. He's never done this before." Appellant argued that Hughes v. State "from 1968" supported his contention that he had the right to an attorney "experienced in my situation." *fn5 The district court noted that appellant's counsel possessed
some considerable experience with cases before this Court and some cases I might even say would be on charges more complex and more difficult from a defense standpoint than vehicular homicide.
There have been very few vehicular homicide cases before this Court. And so to try to even go out and find attorneys that have actually defended or gone to trial on that charge would almost be an impossibility.
The district court denied appellant's motion, noting that appellant was free to "hire and retain counsel he may feel best meets his needs in connecti
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