Held: “We hold that while a defendant may invoke his or her self-representation rights after a denial of a motion to substitute counsel, the invocation must be unequivocal.
A defendant can place conditions on self-representation and still make an unequivocal demand: e.g., “If I do not get new counsel, I want to represent myself.” Id.
But, if the defendant states, “If I am appointed standby counsel, I would like to represent myself,” then he has made an equivocal demand and Faretta isn’t triggered. Id. (?!?) {As intuitive as “conditions precedent” in Property law.} The absurdity of this area of law is that these are usually indigent, uneducated clients who are struggling to speak to the court – often through a translator.
How to Use: Those who represent indigent defendants in federal court will wince in recognition at the Mendez-Sanchez fact pattern. In addition to its primary holding on Faretta invocation, the decision also has an interesting and lengthy discussion on the frequently-misunderstood (by clients) “right” to new counsel.
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