State v. Mclain

Summary

The Utah Court of Appeals held that the district court failed to ensure that Michael Charles Mclain knowingly and intelligently waived his right to counsel before representing himself. The court reversed Mclain’s convictions and remanded for further proceedings. It also held that sufficient evidence supported his conviction for attempted rape of a child, including evidence of a substantial step and intent, and addressed the unpreserved claim because a directed verdict could affect double-jeopardy protections on remand.

Holdings

1. A criminal defendant may represent himself only after the trial court ensures that the waiver of counsel is voluntary, knowing, and intelligent. Because the record did not establish that Mclain knowingly and intelligently waived counsel, the convictions had to be reversed.
2. The evidence was sufficient for a reasonable jury to find that Mclain took a substantial step toward having sexual intercourse with a child and intended to commit rape of a child. The district court therefore did not err by failing to direct a verdict for Mclain, and retrial on that count was not barred by double jeopardy.

Questions Presented

1. Whether Mclain knowingly and intelligently waived his Sixth Amendment right to counsel before representing himself at trial.
2. Whether the evidence was legally sufficient to support the attempted-rape-of-a-child conviction and require a directed verdict, such that double jeopardy would bar retrial on that count.

Disposition

reversed_and_remanded