Judicial Mistakes

2009) (Waiver of right to counsel by conduct applies to those defendants who voluntarily
engage in misconduct, knowing that they stand to lose the right to counsel, but who are
not affirmatively requesting to proceed pro se.);
http://ebenchbk.law.umn.edu/index.php/pro_se_defendant
12. DENIAL OF DEFENDANT’S RIGHT TO PROCEED PRO SE WITHOUT
MAKING ADEQUATE FINDINGS TO SUPPORT THE DENIAL
The 6th and 14th amendments of the United States Constitution grant criminal
defendants the right to represent themselves in state court proceedings. When a
defendant asks to represent himself, it is incumbent on the trial court to conduct an
inquiry into the competency of the defendant to make a knowing and intelligent waiver
of his right to the assistance of counsel before permitting the defendant to proceed pro
se. State v. Bauer, 245 N.W.2d 848, 859 (1976); A violation of Defendant’s right to selfrepresentation
could result in reversal even without a showing of prejudice. The
Constitution permits states to insist upon representation by counsel for those competent
enough to stand trial but who still suffer from severe mental illness to the point where
they are not competent to conduct trial proceedings by themselves. Indiana v. Edwards,
554 U.S. 164, 178 (2008); State v. Richards, 456 N.W.2d 260, 263-5 (Minn. 1990);
http://ebenchbk.law.umn.edu/index.php/pro_se_defendant
13. SETTING UNREASONABLE TIME LIMITS FOR VOIR DIRE
Although the trial court has broad discretion to determine the scope of voir dire, it
cannot unreasonably and arbitrarily impose time limitations for voir dire. Limitations in
terms of time or content must be reasonable in light of the total circumstances of the
case. See State v. Petersen, 368 N.W.2d 320 (Minn.App.1985) (limiting each attorney
to five minutes for examination of each prospective juror was unreasonable –
Reversed); State v. Evans, 352 N.W.2d 824 (Minn.App.1984) (a one-hour cap on voir
dire is a per se reversible error jury violation). The Supreme Court Jury Task Force
Recommends Five Steps for the Court To Follow Before Placing Time Limits on Voir
Dire:
1) Establish Actual Need;
2) Give Several Warnings;
3) Set Reasonable Time Limits;
4) Grant Reasonable Extensions;
5) Avoid Inappropriate Judicial Comments in Presence of Jury.
http://ebenchbk.law.umn.edu/index.php/limits_on_voir_dire
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