Unwritten Waiver of Counsel Presumed No Good
In a criminal action, a waiver of counsel is possible after an evidentiary hearing and a proffer of the written form for defendant’s signature. Neither occurred. A pro se defendant need not preserve a constitutional objection to their own waiver of counsel, and a violation of the statutory procedure for a written waiver presumptively constitutes plain error. Remanded for new trial.
State of Missouri vs. Jacob Edward Masters
Missouri Court of Appeals, Western District – WD84753
Enough Clues Showed Reasonable Grounds
Director of Revenue revoked Driver’s license for refusing a breath test. On appeal to circuit court, the Director had the burden to prove that reasonable grounds existed to arrest Driver for driving while intoxicated. Professional safety standards set forth clues for detecting intoxication, but nothing requires the presence of all clues, and some clues were present. The clues present, even considering the clues not present, supported a finding of probable cause.
Weston Urbaniak vs. Director of Revenue
Missouri Court of Appeals, Western District – WD84569