(DOWNLOAD) "Herman L. Hampton v. William H. Huston" by Court Of Appeals Of Alaska # eBook PDF Kindle ePub Free
eBook details
- Title: Herman L. Hampton v. William H. Huston
- Author : Court Of Appeals Of Alaska
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
SINGLETON, Judge. OPINION Herman Hampton was convicted of first degree murder and sentenced to life imprisonment. His conviction and sentence were affirmed on appeal. Hampton v. State, 569 P.2d 138 (Alaska 1977). Hampton then moved for post-conviction relief. Alaska R. Crim. P. 35(c). The motion was summarily denied and Hampton appeals. Hampton raises two issues: (1) whether his trial counsel was incompetent, depriving him of the effective assistance of counsel in violation of the state and federal constitutions, and (2) whether the prosecutor improperly commented on Hampton's constitutional right to remain silent during final argument. We have reviewed the record and have concluded that the case is not ripe for Disposition at this time. Specifically, we hold that the trial court erred in ruling on Hampton's motion without a knowing, intelligent and voluntary waiver of counsel by Hampton and by ruling without determining that Hampton was competent to represent himself. The trial court also erred by summarily disposing of the case without giving the notice required by Criminal Rule 35(h)(2). In Donnelly v. State, 516 P.2d 396, 399 (Alaska 1973), the supreme court effectively amended Criminal Rule 35(c) sub silentio and held that indigent prisoners seeking Rule 35 relief must be provided with counsel at the time their application is filed. In McCracken v. State, 518 P.2d 85 (Alaska 1974), the court recognized that a petitioner for post-conviction relief had a right to reject counsel and represent himself so long as his waiver of counsel was knowing, intelligent, and voluntary and the trial court was satisfied that the petitioner could competently represent himself. The record does not reflect that Hampton was ever offered counsel or that Hampton expressly waived counsel. While Hampton did indicate during oral argument a desire to proceed on his own behalf, his right to self-representation depends upon a determination of his competency in the trial court. Id. Such a determination should also address the concerns articulated by the United States Supreme Court in Faretta v. California, 422 U.S. 806, 45 L. Ed. 2d 562, 95 S. Ct. 2525 (1975).
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