Pasha v. State

Summary

The Supreme Court of Florida held that Khalid Ali Pasha unequivocally invoked his constitutional right to self-representation after the trial court denied his request for substitute counsel. The court reversed his first-degree murder convictions, vacated his death sentences, and remanded for further proceedings because the denial of self-representation was not subject to harmless-error analysis.

Holdings

1. When a trial court denies a defendant's request for substitute counsel after a Nelson hearing and the defendant continues to seek discharge of appointed counsel and to represent himself, the request for self-representation is unequivocal even if the defendant continues to express a preference for substitute counsel.
2. The trial court reversibly erred by finding Pasha's request to proceed pro se equivocal and denying the request.
3. Denial of the constitutional right to self-representation is not amenable to harmless-error analysis.

Questions Presented

1. Whether Pasha's request to proceed pro se was unequivocal even though he stated a preference for representation by substitute counsel.
2. Whether the trial court violated Pasha's constitutional right to self-representation by denying his request after determining it was equivocal.
3. Whether denial of the right to self-representation was subject to harmless-error analysis.

Disposition

reversed_and_remanded