Has anyone got, or put together, a "cheat sheet" of items for a judge to run through on the dangers of self-representation on appeal? I can put something together, but if someone has already created and refined a product and is willing to share, it would be a great help.

JAS

All I have is a list of old tips about admonishing those who want to go pro se at trial. I got that from Kevin Yeary long ago. Got anything newer, Kevin?

I also used to adapt the language in Article 1.05(g) and get them to sign that.

After the Supreme Court limited Faretta a couple years back, I tried to get the folks handling things like this to argue to the trial courts that these guys could not go pro se on appeal. It is a huge pain.

The courts of appeal, however, were still remanding for hearings on this stuff.

I also always tried to get the court to use the admonishment: "A lawyer who represents himself has a fool for a client."

The trial court found this guy was not indigent. The COA agreed and remanded for a hearing on what the def wants to do now. We don't know which way the def leans but, like you, I want him fully and carefully admonished.

JAS

Even if the defendant were an attorney (gasp!) it's hard to get a clerk's and reporter's record to the COA in jail. It can be hard to make a phone call. Add that to usual the list.

See, eg, that recent case out of the 10COA--Waco.
(It's fun, too, because the appellant refused to waive his God given rights, citing the UCC.)

John, apparently the CCA liked the admonishments given to George Lott, so I am sure Tarrant County (Ed Wilkinson) must still have a copy of those. You probably already have seen this:

"In sum appellant testified that he did not want the lawyers appointed to represent him on appeal to do so; that he did not want any lawyer to represent him on appeal; that he did not want a lawyer to assist him on a stand-by basis; that he wanted the briefs filed by his appointed lawyers to be stricken; that he knew under the Sixth Amendment he had the right to effective assistance of counsel and that he wished to waive that right; that he is a 36 year old, high school graduate; that he has represented himself in an aggravated rape case tried in Harris County and in the instant capital murder case tried in Travis County; that if his time in court on all three of these cases were added up, the total would be about ten weeks; that during these trials he filed pretrial motions, made objections, etc., at trial, filed motions for new trial, and filed briefs; that he knew the appellate procedure set forth in Article 40.09 (and he recited it accurately); that he has a Code of Criminal Procedure and a Penal Code and has access at all times to law books at T.D.C.; that he has never been declared insane or incompetent by any court and he makes no claim that he is insane or incompetent now; that no one has threatened or persuaded him to represent himself; that he is aware of the dangers and disadvantages of representing himself, but voluntarily chooses to represent himself even if it is to his own detriment; that he knows how to prepare a brief (and he explained how he would point out the errors in the record, cite his authorities and make his arguments); and that he was aware that he might make a mistake which would later harm him if he went into federal court (such as inadvertently waiving some point)."

Of course, Lott was an attorney . . . Did he actually file a brief on the merits or did he choose not to? He was gone in about 24 months as I recall . . .

Looks like the trial judge did a good job in that case, for sure.

And that was while Stride was in Tarrant County, too . . .

John, The Lott murders happened during our first year in law school. Lott didn't file a brief in his mandatory appeal to the CCA, and that court's opinion affirming his conviction was probably the shortest one ever issued in a death penalty case. He refused all efforts to file any other collateral attacks on his conviction and was executed before we graduated.

Janette A

They actually tried him on change of venue up the road in Amarillo, as I recall.