Court of Criminal Appeals of Texas

Terry Blankenship, Appellant v. the State of Texas, Appellee

July 18, 19841984 Tex. Crim. App. LEXIS 721

Summary

The Court of Criminal Appeals of Texas reversed the trial court and the Court of Appeals, holding that the trial judge erred in denying Terry Blankenship's request to proceed pro se. The majority found that the trial judge failed to make the required knowing and intelligent waiver inquiry under Faretta and that the request for law books was not a condition precedent to self‑representation. The Court remanded for further proceedings consistent with the defendant's constitutional right to self‑representation. Justice Clinton, in a concurring opinion, noted that the issue was much closer than the majority described and joined the judgment.