Brown v. Commonwealth

Summary

The Supreme Court of Virginia affirmed the Court of Appeals' judgment upholding Derrell Renard Brown's conviction for possessing heroin with intent to distribute. The court held that an indigent defendant has no Sixth Amendment right to substitute retained counsel of choice absent a factual basis showing that he could afford counsel or that counsel was willing to represent him without payment. The circuit court therefore did not err in denying Brown's day-of-trial continuance request.

Holdings

1. The Sixth Amendment right to counsel of choice does not extend to a defendant who requires court-appointed counsel. An indigent defendant must establish a factual predicate showing that he no longer requires appointed counsel, that another person will fund private counsel, or that an attorney is willing to represent him without payment.
2. The circuit court did not err in denying Brown's continuance motion or in proceeding to trial with his court-appointed counsel because Brown had not established a factual predicate for substitution of counsel under the Sixth Amendment.

Questions Presented

1. Whether the Sixth Amendment gave Brown, an indigent defendant represented by court-appointed counsel, a right to substitute privately retained counsel of his choosing when he presented no evidence that his financial status had changed or that a lawyer was available to represent him without payment.
2. Whether the circuit court violated Brown's Sixth Amendment rights or abused its discretion by denying his day-of-trial motion for a continuance and proceeding with his appointed counsel.

Disposition

affirmed