She Isn't Crazy Enough
by Bob Walsh
Regular
readers might remember I wrote ages ago about Wakeen Best. She was
convicted of breaking into a car, removing a chihuahua from the car and
tossing it off of the seven story parking structure. The dog didn't
survive.
Ms.
Best wanted to defend herself. The judge believed, after speaking with
her, that she was not capable of effectively defending herself and
refused permission. She appealed and the state appeals court says she
gets a new trial and gets to defend herself.
She
was rambling and unknowledgable in the law, and regularly interrupted
proceedings, but was neither mentally incompetent nor illiterate. Among
other things she could not differentiate between the right to a speedy
trial and the right to a jury trial.
According
to various Supreme Court and lower court decisions as long as a
defendant is not illiterate and is made aware of the dangers of
self-representation they get to defend themselves, even if they are
stupid and malignant assholes.
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