Hopper v. State

Appellant pled guilty to driving while intoxicated after proceeding pro se in plea negotiations with the State. Appellant filed a petition for postconviction relief, alleging that his waiver of counsel was invalid. The trial court denied the petition. The Supreme Court granted transfer and announced that future defendants expressing a desire to proceed without counsel must be informed that an attorney is more experienced in plea negotiations and better able to identify and evaluate potential defenses and problems in the prosecution's case (Hopper warning). The Court subsequently granted the State's petition for rehearing and affirmed the post-conviction court, holding (1) the Sixth Amendment does not require the same warnings and analysis for a valid waiver of counsel during plea negotiations as it requires for the entry of a guilty plea; (2) the post-conviction court properly found that Hopper's waiver of counsel during his guilty plea hearing was voluntary and intelligent; and (3) the absence of the Hopper warning is not a per se violation of a defendant's right to counsel, but rather, courts should consider the absence of the instruction as an additional factor in a totality of the circumstances approach. View "Hopper v. State" on Justia Law