Kentucky Supreme Court
Commonwealth of Kentucky, Appellant/cross-Appellee v. Vittorio Orlando Martin, Appellee/cross-Appellant
August 29, 2013410 S.W.3d 119
Summary
The Kentucky Supreme Court held that Vittorio Martin’s pro se filings and complaints about counsel did not constitute a clear request to waive counsel, so the trial court was not required to conduct a Faretta hearing, and it reversed that portion of the Court of Appeals decision. The Court also affirmed the lower court’s order requiring Martin to pay court costs, finding no error. The mixed judgment was affirmed in part, reversed in part, and remanded for reinstatement of the conviction.
Holding
- Whether Martin’s pro se filings and expressions of frustration amounted to an unequivocal request to waive counsel, thereby obligating the trial court to conduct a Faretta hearing.. The trial court did not violate Martin’s constitutional right because his actions did not constitute a clear and unambiguous request to waive counsel; therefore no Faretta hearing was required.
- Whether Martin is entitled to relief from the trial court’s order requiring him to pay court costs.. The order requiring Martin to pay court costs was not a palpable error; the Court of Appeals’ affirmation stands.
Docket Nos. 2011-SC-000616-DG, 2012-SC-000190-DG
Cited by
- Dwayne Mitchell (aka David Butin) v. Commonwealth of Kentucky
- Lee M. Campbell v. Commonwealth of Kentucky
- Walter Schmuck v. Commonwealth of Kentucky
- Walter Schmuck v. Commonwealth of Kentucky
- Keithyon Nelson v. Commonwealth of Kentucky
- David W. Trent v. Commonwealth of Kentucky
- David Lynn Morgan v. Commonwealth of Kentucky
- Brice Rhodes v. Commonwealth of Kentucky