Supreme Court of North Carolina

State of North Carolina v. Amy Regina Atwell

December 16, 2022

Summary

The Court held that defendant neither waived nor forfeited her constitutional right to counsel. Because defendant expressly requested appointed counsel and did not seek to represent herself, the waiver analysis was inapplicable; and her conduct, although frustrating and involving multiple changes of counsel, was not sufficiently egregious to justify forcing her to proceed without counsel. The Court reversed and remanded for a new trial.