Right to counsel; People v Kammeraad; Right of self-representation; MCL 763.1; People v Dunigan; Waiver of counsel; MCR 6.005(D) & (E); People v Russell; People v Anderson; People v Adkins (After Remand); Principle that a complete denial of counsel at a critical stage of a criminal proceeding is a structural error requiring automatic reversal; People v Arnold

Holding that the trial court failed to obtain a valid waiver of counsel before allowing defendant to represent himself at trial, the court reversed and remanded for a new trial. He was convicted of OWI, third offense. On appeal, the court agreed with defendant that he never validly waived his right to counsel, noting the trial court “failed to substantially comply with the legal requirements associated with obtaining a valid waiver of counsel.” It never advised defendant “of the maximum possible prison sentence when making the decision to allow” him to proceed pro se, and it never advised him “of the risks involved in self-representation.” As to the Anderson criteria, the trial court “did not make a determination that defendant was asserting the right to self-representation knowingly, intelligently, and voluntarily through a colloquy advising defendant of the dangers and disadvantages of self-representation.” Because the trial court did not obtain a valid waiver of counsel, “defendant was deprived of counsel during a critical stage of the proceedings: the bench trial at a minimum.” And the prosecution failed to rebut or even attempt to rebut the presumption.