IN THE SUPREME COURT OF MISSISSIPPI

NO. 2009-KA-01948-SCT

REGINALD DESHAWN BRADLEY

v.

STATE OF MISSISSIPPI

DATE OF JUDGMENT: 11/13/2009

TRIAL JUDGE: HON. JAMES T. KITCHENS, JR.

COURT FROM WHICH APPEALED: LOWNDES COUNTY CIRCUIT COURT

ATTORNEYS FOR APPELLANT: OFFICE OF INDIGENT APPEALS

BY: JUSTIN TAYLOR COOK 

 LESLIE S. LEE

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL

BY: JOHN R. HENRY, JR.

DISTRICT ATTORNEY: FORREST ALLGOOD

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: AFFIRMED - 03/31/2011

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

RANDOLPH, JUSTICE, FOR THE COURT:

¶1. Following his indictment for third-offense felony shoplifting, Reginald DeShawn

Bradley proceeded to trial in the Circuit Court of Lowndes County, Mississippi, represented

by court-appointed counsel. At trial, Bradley moved to represent himself. Pursuant to

Uniform Circuit and County Court Rule 8.05, the circuit court examined Bradley and

informed him of the risks of pro se representation. See URCCC 8.05. Thereafter, the circuit

court allowed Bradley to represent himself, with his appointed counsel ordered to act as

“standby counsel.” From Bradley’s subsequent conviction and sentence to five years
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imprisonment in the custody of the Mississippi Department of Corrections (“MDOC”), and

the denial of his post-trial motions, proceeds the present appeal.

FACTS

¶2. Bradley was indicted for third-offense felony shoplifting under Mississippi Code

Section 97-23-93. See Miss. Code Ann. § 97-23-93 (Rev. 2006). Thereafter, counsel was

appointed for Bradley, and the matter was set for trial on November 12, 2009.

¶3. At trial, following voir dire, Bradley informed the circuit court that he “wanted to

speak on [his] own behalf. I want to cross-examine myself.” Bradley’s appointed counsel

advised the circuit court that Bradley had “a plethora of motions . . . that are usually filed pretrial and during trial and post-trial, all prepared . . . and I’ve advised him that what he needed

to do was tell you that he wanted to act as his own attorney. . . . [F]or an example, he wanted

to file a motion for summary judgment . . . .” After examining Bradley and informing him

of the dangers and risks of pro se representation, consistent with Uniform Circuit and County

Court Rule 8.05, the circuit court permitted Bradley to represent himself. See URCCC 8.05.

Bradley’s appointed counsel was ordered to act as “standby counsel.”

¶4. Following Bradley’s unsuccessful efforts to exonerate himself, he was convicted and

sentenced to five years imprisonment in the custody of the MDOC. After the denial of his

post-trial motions, Bradley filed notice of appeal.

ANALYSIS

¶5. On appeal, Bradley asserts that the circuit court erred: (1) in allowing him to represent

himself; (2) in failing to inform properly him of his right to counsel; and (3) in failing to
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obtain a knowing and voluntary waiver of his right to counsel in violation of the Sixth

Amendment to the United States Constitution. See U.S. Const. amend. VI.

¶6. In support of his position, Bradley first cites Conn v. State, 170 So. 2d 20 (Miss.

1964), which provided that:

“[w]hile an accused may waive the right to counsel, whether there is a proper

waiver should be clearly determined by the trial court, and it would be fitting

and appropriate for that determination to appear upon the record.” [Johnson

v. Zerbst, 304 U.S. 458, 465, 58 S. Ct. 1019, 1023, 82 L. Ed. 1461 (1937)]. .

. . In accordance with these mandatory decisions we hold that there must be

an intelligent and competent waiver of counsel by the defendant and that the

trial court should so determine, and further, that such determination, as well

as the facts on which it is based, should appear on the record.

Conn, 170 So. 2d at 23 (other citations omitted). Bradley further cites Faretta v. California,

422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975), for the proposition that “[w]hen an

accused manages his own defense, he relinquishes, as a purely factual matter, many of the

traditional benefits associated with the right to counsel. For this reason, in order to represent

himself, the accused must ‘knowingly and intelligently’ forgo those relinquished benefits.”

Id. at 835. Finally, Bradley cites Uniform Circuit and County Court Rule 8.05, which

requires that:

[w]hen the court learns that a defendant desires to act as his/her own attorney,

the court shall on the record conduct an examination of the defendant to

determine if the defendant knowingly and voluntarily desires to act as his/her

own attorney. The court shall inform the defendant that:

1. The defendant has a right to an attorney, and if the defendant

cannot afford an attorney, the state will appoint one free of

charge to the defendant to defend or assist the defendant in

his/her defense.
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2. The defendant has the right to conduct the defense and that

the defendant may elect to conduct the defense and allow

whatever role (s)he desires to his/her attorney.

3. The court will not relax or disregard the rules of evidence,

procedure or courtroom protocol for the defendant and that the

defendant will be bound by and have to conduct himself/herself

within the same rules as an attorney, that these rules are not

simple and that without legal advice his/her ability to defend

himself/herself will be hampered.

4. The right to proceed pro se usually increases the likelihood

of a trial outcome unfavorable to the defendant.

5. Other matters as the court deems appropriate.

After instructing the defendant and ascertaining that the defendant understands

these matters, the court will ascertain if the defendant still wishes to proceed

pro se or if the defendant desires an attorney to assist him/her in his/her

defense. If the defendant desires to proceed pro se, the court should determine

if the defendant has exercised his right knowingly and voluntarily, and, if so,

make the finding a matter of record. The court may appoint an attorney to

assist the defendant on procedure and protocol, even if the defendant does not

desire an attorney, but all disputes between the defendant and such attorney

shall be resolved in favor of the defendant.

URCCC 8.05.

¶7. Bradley cites the correct law and rule. But a review of the record reveals that the

circuit judge exhibited a keen awareness of the law and rule, and properly applied both. The

record reflects that Bradley knew that he had a right to counsel, as counsel had been

appointed to represent him. Furthermore, Bradley knew that his court-appointed counsel was

representing him both before and after Bradley elected to manage his own defense, expressly

agreeing to counsel’s continued assistance, by stating, “I don’t mind him just being there,

being a standby counsel . . . .” Finally, the trial transcript validates the circuit court’s

compliance with the law and rule, as noted:

BY THE COURT: . . . Now, do you want to represent yourself? Is that what

you’re telling me? And have Mr. Goodwin as standby counsel?
See URCCC 8.05(1) & (2). 1

See URCCC 8.05(4). 2

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. . .

BY THE DEFENDANT: I can – I will – yeah, I prefer to. I think I’ll help

myself better . . . .[ ]

1

. . .

BY THE COURT: . . . Now, let me tell you this, just so you’ll know: I’ve been

involved in a lot of trials in my lifetime. I was an assistant district attorney,

and since then I’ve been a judge. I have never seen anybody represent

themselves and win.

BY THE DEFENDANT: That don’t make no difference. I’m not worried

about that.[ ]

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. . .

BY THE COURT: Let me ask you a few questions. How far did you go in

school?

. . .

BY THE DEFENDANT: Well, I went to the ninth [grade], but I was going to

the tenth [grade]. I dropped out – I passed the ninth and went to the tenth, but

I dropped out in the tenth.

BY THE COURT: Okay. You can read and write; is that correct?

BY THE DEFENDANT: Uh-huh (Indicating an affirmative response.) Very

well.

BY THE COURT: Do you know anything about the Rules of Evidence or any

of those kind of rules that you’re going to have to know when we’re trying this

case?

BY THE DEFENDANT: Not 100 percent. I know enough where I’m speaking

upon – on my – I’m just – I want my motion to be heard and just speak about

on my motions, but as far as evidence, putting evidence forward, ain’t no
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evidence I’m really going to put forward. I’m just basically saying what they

got is plainly circumstantial, and [C]onfrontation [C]lause plainly states that

– that you can’t . . . .

¶8. After the circuit court addressed Bradley’s various motions, granting some and

denying others, its examination of Bradley continued, as follows:

BY THE COURT: . . . Well, that’s why I think it’s better if you let Mr.

Goodwin try this case, instead of you. I mean you wrote all these motions,

right? Did you do these?

BY THE DEFENDANT: Uh-huh (Indicating an affirmative response.)

BY THE COURT: Well, you’re not dumb, I can tell that, but the problem is

I don’t think you understand the [C]onfrontation [C]lause in . . . [Crawford v.

Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004)] well

enough to . . . understand the nuances of that case. Now, if you want to

represent yourself, I think you can. You’re not . . . stupid, you’re not . . .

mentally retarded.

. . .

BY THE DEFENDANT: . . . I’m trying to get the case down pat, because I’m

looking – I’m looking at this, common sense will tell you I’m not guilty. I

didn’t steal nothing, ain’t nobody about seen me steal nothing.

. . .

BY THE DEFENDANT: -- everything is plainly he say, she say.

BY THE COURT: Okay.

BY THE DEFENDANT: Ain’t . . . nobody got nothing for me. Ain’t nobody

got no camera, ain’t got nothing.

BY THE COURT: Mr. Bradley, juries have to hear that, and we have to have

evidence. And if there’s no evidence, then I’m going to turn you loose. But

if there’s evidence, then a jury gets to make the decision.

BY THE DEFENDANT: All right.

. . .
See URCCC 8.05(2), (3), & (4). 3

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BY THE COURT: If you want to try this case, I’m going to have to hold you

– you need to understand, I’ve got to hold you to the same rules as if you’re an

attorney. And if you’re doing something –

BY THE DEFENDANT: Could you give me some . . . rules or . . . you know,

just some fine point rules that I can –

BY THE COURT: No, sir, I can’t.

BY THE DEFENDANT: . . . I’m saying what you going to tell me not to do.

BY THE COURT: No, sir, I can’t do that, because I couldn’t do that for the

State and I couldn’t do that if Mr. Goodwin was trying the case.

BY THE DEFENDANT: Well, I still . . . want – it don’t make no difference,

I want to –

BY THE COURT: You need to understand –

BY THE DEFENDANT: I’d rather go pro se. I just want to go pro se. It don’t

make no difference.

BY THE COURT: I can’t help you. Now Mr. Goodwin can –

BY THE DEFENDANT: I understand. I’ll go pro se. It don’t make no

difference . . . .[ ]

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. . .

BY THE COURT: . . . Now, you’re going to listen. I cannot favor one side

or the other. Mr. Goodwin will be here to help you to try this case. If you

want to ask him about objections and things like that, he will help you. I think

you’re making a mistake if you try this case by yourself. Mr. Goodwin is an

excellent trial lawyer, and he’ll do an excellent job for you. If you insist on

defending yourself, I will let you . . . .

The circuit court further stated that while Bradley could proceed pro se, his appointed

counsel would act as “standby counsel.”
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¶9. Following a lunch break, Bradley again reiterated that he wished to represent himself,

as follows:

BY THE COURT: Your lawyer will help you, if you let him help you. Have

you decided, do you . . . want to argue this case and examine the witnesses and

things like that?

BY THE DEFENDANT: Yes, sir.

BY THE COURT: And you understand the difficulty in representing yourself

and all of that. I’ve talked to you about that, right?

BY THE DEFENDANT: Yes, sir.

BY THE COURT: And it’s a decision that you’re freely making?

BY THE DEFENDANT: Yes, sir.

BY THE COURT: All right. Mr. Goodwin, have you discussed with Mr.

Bradley the difficulties of self-representation?

BY MR. GOODWIN: Yes, sir. At the appropriate time when the evidence

comes in, though, I will tell him object, I will tell him why.

BY THE COURT: All right.

BY MR. GOODWIN: You know, and that’s all I can really do at this point.

BY THE COURT: Well, the Supreme Court has indicated unless I believe he’s

not competent, and he’s – while argumentative, I have no reason to believe that

he’s delusional or any other indication. He has filed motions . . . with the

Court that shows that he’s, you know, not totally –

BY MR. GOODWIN: He understands the theory of the objections that I would

make at trial.

BY THE COURT: Yes, sir.

BY MR. GOODWIN: He doesn’t understand the Constitutional or the rule

basis on it, so I will just tell him to object.

BY THE COURT: Fair enough. All right.
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. . .

BY MS. CLEMONS: So Your Honor, for clarification, Mr. Bradley will be

handling both opening and closing as well?

BY THE COURT: Is that right, Mr. Bradley? You’re going to do the opening

statement and the closing argument?

BY THE DEFENDANT: Yeah. Basically, I got my closing argument down

pat, but I’m just going to – just speak out the mind on the opening part. 

¶10. The aforementioned transcript excerpts unequivocally reveal that the circuit court

abided by our law and the requirements of Uniform Circuit and County Court Rule 8.05. See

URCCC 8.05. Bradley made a knowing and intelligent waiver of his Sixth Amendment right

to assistance of counsel. 

CONCLUSION

¶11. Accordingly, this Court affirms the final judgment and sentence of the Circuit Court

of Lowndes County as to Bradley.

¶12. CONVICTION OF THIRD-OFFENSE SHOPLIFTING AND SENTENCE OF

FIVE (5) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF

CORRECTIONS, AFFIRMED. APPELLANT SHALL PAY RESTITUTION IN THE

AMOUNT OF $42.21, A FINE OF $200.00 AND ALL COURT COSTS.

WALLER, C.J., CARLSON AND DICKINSON, P.JJ., LAMAR, KITCHENS,

CHANDLER, PIERCE AND KING, JJ., CONCUR.