Starting jury trial tomorrow against pro se defendant. Does anyone know of a jury instruction on a defendant's waiver of right to counsel????

Thanks,
Justin

You can certainly voir dire on whether anyone will be more sympathetic just because the "big bad state" is being represented by experienced counsel and the defendant has made a conscious decision to represent himself. And let's be fair - will they hold every procedural court error against him or stick to the evidence?

I looked in my resources and did not find any instruction on waiver of counsel; I think your voir dire on it should be the way to handle it: good luck, go get him

Here are a couple of cases on voir dire comments in this vein that you might be interested in. Ganther v. State, 187 S.W.3d 641 and Saunders v. State, 721 S.W.2d 359. They both deal with trial court comments, but I still thought you might find something helpful there. Good luck.