State v. Allgier

Summary

The Utah Supreme Court considers appointed appellate counsel's motion to withdraw based on the appellant's repeated dilatory, disruptive, and threatening conduct. The court holds that the appellant forfeited his right to counsel for the remainder of the appeal, permits him to file a pro se reply brief, and declines to conduct oral argument.

Holdings

1. Threats to the welfare of appointed counsel may constitute extreme conduct sufficient to justify forfeiture of a criminal defendant's right to appointed counsel.
2. The circumstances warranting forfeiture of the right to counsel may vary according to the procedural context, and the consequences of forfeiture are relevant to the determination.
3. Allgier forfeited his right to appointed counsel for the remainder of the appellate proceedings.

Questions Presented

1. Whether appointed appellate counsel should be permitted to withdraw because of an irreparable breakdown in the attorney-client relationship and threats from the appellant.
2. Whether the appellant's persistent dilatory, disruptive, and threatening conduct constituted a forfeiture of his right to appointed counsel for the remainder of the appeal.
3. Whether the limited remaining appellate proceedings could proceed without appointed counsel.

Disposition

other