State v. Dial

Summary

The South Carolina Supreme Court held that because the record does not show that the trial magistrate advised Dial of the dangers of self‑representation, the issue of whether Dial knowingly and intelligently waived his Sixth Amendment right to counsel was not preserved and must be decided on remand. The Court remanded for an evidentiary hearing on the waiver and noted that a pro se defendant need not preserve the waiver issue when the record lacks evidence of a knowing and intelligent waiver.