State v. Cotter

Summary

The Oregon Supreme Court held that the defendant did not validly waive his constitutional right to counsel because the trial court failed to conduct a colloquy and there was no evidence of a knowing, intelligent waiver. Accordingly, the court vacated the trial court’s conviction judgment and the Court of Appeals’ decision, and remanded the case for a new trial. The court also found the Court of Appeals abused its discretion by denying supplemental briefing after appointing appellate counsel, justifying vacatur on equitable grounds.