Convicts Can’t Act as Attorneys

People convicted of a crime do not have a constitutional right to refuse a lawyer’s help and represent themselves on appeal, the U.S. Supreme Court ruled Wednesday in a case that has its roots in Orange County.

The unanimous ruling states that although criminal defendants have the right to represent themselves during a trial, that right does not extend to the appeal process.

“Our experience has taught us that [self-representation] is usually a bad defense, particularly when compared to a defense provided by an experienced criminal defense attorney,” Justice John Paul Stevens wrote for the court.

However, states can choose to recognize such a right under their state constitutions, Stevens said.

The decision upheld a California appeals court decision that refused to allow Salvador Martinez, a one-time paralegal convicted previously of three robberies and other crimes, to file and argue his appeal of an embezzlement conviction.

He was accused of pocketing $6,000 from a woman who had given him money to bail her boyfriend out of jail. Martinez, who was working at a Santa Ana law firm at the time, never posted the bail and the money was not recovered.

Martinez acted as his own lawyer during his trial in Orange County. The jury that convicted him also found he had three prior convictions under California’s “three strikes” law, and he was sentenced to 25 years to life in prison.

He waived his right to a lawyer’s help in his appeal and said he wanted to represent himself. His request was denied by a state appellate court and the state Supreme Court. That ruling was at issue before the U.S. Supreme Court.

The 6th Amendment gives defendants the right to represent themselves at trial. But Stevens noted the amendment does not create a right to appeal and that the right to appeal is created by law.

He said the effect of the ruling would be narrow because defendants have no right to be present during appellate proceedings.