People v. Eppinger

Defendant was charged with attempted murder, armed robbery, unlawful possession of a firearm, and aggravated battery with a firearm. A public defender was appointed, but defendant later successfully requested a different attorney. Defendant subsequently requested to proceed pro se. In granting this request, the trial court admonished him, and defendant waived his right to counsel. He then made motions, causing the matter to be continued. On the morning of trial, defendant stated that he no longer wanted to represent himself and requested a third appointment of counsel. The trial court, noting that defendant had refused to cooperate with two public defenders, viewed the request as a delaying tactic and denied it. The trial commenced with jury selection. Defendant refused to participate without counsel and remained in his holding cell. He later participated without counsel. He did not testify or call witnesses, but made an opening statement and closing argument and cross-examined prosecution witnesses, including four victims. Following conviction, the court imposed a 95-year term. The appellate court found plain error and ordered a new trial. The Illinois Supreme Court reversed, finding the Code of Criminal Procedure (725 ILCS 5/115-4.1(a)) ambiguous, but concluding that “trial in absentia” provisions were not relevant. The trial court in this case was not statutorily required to appoint a third public defender simply because defendant decided to waive his right to be present during voir dire. View "People v. Eppinger" on Justia Law