Court of Criminal Appeals of Texas
Lee Roy Thomas, Appellant v. the State of Texas, Appellee
April 20, 19771977 Tex. Crim. App. LEXIS 1089
Summary
The Court held that the appellant's refusal to accept his court‑appointed attorney, coupled with his request for different counsel and denial of self‑representation, did not constitute a knowing, intelligent waiver of his Sixth Amendment right to counsel. Accordingly, the trial court erred by ordering the appointed counsel to remain silent, and the conviction was reversed and remanded for a new trial with full representation. Justice ONION dissented, arguing that the appellant had effectively waived his right to counsel.