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Taylor v. State3/20/2001
ation during the course of the trial.
. A hearing was later held at which time Taylor informed the court that he wished to proceed pro se. At this time Bambach informed the court that Taylor would not discuss the case with him. When Taylor was asked by the court to respond to Bambach's statements, he replied that he had already dismissed Bambach as his counsel during the previous term of court, and that Taylor wished to represent himself. The exact statement was "I am my own attorney." When asked by the court if he no longer wanted Bambach and wished to represent himself, Taylor responded: "I wish to represent myself." The court then informed Taylor that he would be held to the same standards as a lawyer during the trial and that pro se representation could be problematic for him if he does not posses a certain degree of legal skill and ability. Taylor responded that he understood the court.
. During the hearing Taylor became increasingly confrontational. After repeated warnings failed to curtail his behavior, the court ordered the sheriff to escort Taylor out of the courtroom and back to jail. The court then informed Bambach that he was to stay on to answer any questions Taylor might have during the course of trial, and to represent Taylor's interest in case he had to be removed from the courtroom during the trial for disruptive behavior.
. The case was called for trial on the following day. The court once again asked Taylor if he had terminated Bambach, and he responded that he had. Taylor was then told that he had the right under the law to represent himself, but that he must understand that he will be held to the same rules and laws as if he were an attorney. Taylor responded by saying: "yes sir." Taylor was then informed that Bambach would be available to answer any questions and that if he, Taylor, had to be removed from the courtroom due to disruptive behavior that the case would continue with Bambach representing his interest. Taylor responded by saying "thank you," and that he understood.
. The trial proceeded with Taylor representing himself and Bambach acting as standby counsel. On both opening and closing statements, Taylor admitted to the jury that the drugs were his. He was subsequently convicted of one count of possession of marijuana with the intent to distribute and one count of possession of cocaine with the intent to distribute. Taylor appeals.
DISCUSSION
I. Self-representation in a criminal trial
. The clarity with which Taylor frequently expressed himself on wanting to represent himself has already been detailed. On the day of the trial the trial judge asked Taylor one last time if he wished to represent himself despite the problems associated with that. Taylor responded that he did. Attorney Bambach remained available throughout the trial.
. The Sixth Amendment to the United States Constitution provides that every defendant has the right to conduct his or her own defense. Howard v. State, 697 So.2d 415, 420 (Miss.1997)(citing Faretta v. California, 422 U.S. 806 (1975)). A refusal to allow a defendant to represent himself is a violation of his constitutional rights and requires reversal. Gray v. State, 351 So.2d 1342, 1345 (Miss.1977). The procedure for evaluating a defendant's demand to represent himself is established by court rule:
When the court learns that a defendant desires to act as his/her own attorney, the court shallon the record conduct an examination of the defendant to determine if the defendantknowingly and voluntarily desires to act as his/her own attorney. The court shall inform thedefendant that:
1. The defendant has a right to an attorney
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