Bolden v. State

Summary

The Delaware Supreme Court reversed Troy Bolden’s convictions, holding that the Superior Court violated his Sixth Amendment right to counsel by failing to resolve defense counsel’s motion to withdraw before addressing Bolden’s request to withdraw his no-contest plea. The Court held that when counsel moves to withdraw after a defendant seeks plea withdrawal, the trial court must first decide the withdrawal motion under the good-cause standard. If substitute counsel is not appointed, the court must conduct an adequate waiver-of-counsel inquiry before permitting the defendant to proceed pro se.

Holdings

1. When defense counsel moves to withdraw after a defendant expresses a desire to withdraw a plea, the trial court must first address and resolve counsel's motion before considering the defendant's plea-withdrawal motion.
2. A trial court's decision on whether to permit counsel to withdraw and appoint substitute counsel is governed by the good-cause standard and rests within the court's sound discretion. Good cause may include a conflict of interest, a complete breakdown in communication, or an irreconcilable conflict that could lead to an unjust verdict; when coercion or ineffective assistance is alleged and the circumstances do not suggest gamesmanship, the interests of justice will often favor substitute counsel.
3. If the court denies substitute counsel and the defendant remains steadfast in seeking plea withdrawal, the court must conduct a searching inquiry and provide the warnings required by Faretta before allowing the defendant to proceed pro se.
4. The Superior Court violated Bolden's Sixth Amendment right to counsel by allowing him to pursue plea withdrawal without counsel and without a valid waiver. The error was not harmless, even though Bolden ultimately succeeded in withdrawing the plea.

Questions Presented

1. Whether the Superior Court violated Bolden's Sixth Amendment right to counsel by addressing his plea-withdrawal request before resolving trial counsel's motion to withdraw and by allowing him to proceed pro se without an express or implied waiver of counsel.
2. What procedure a trial court must follow when defense counsel moves to withdraw after a defendant expresses a desire to withdraw a plea.
3. Whether the Superior Court abused its discretion by denying trial counsel's motion to withdraw and declining to appoint substitute counsel.

Disposition

reversed_and_remanded