171 Ind. App. 408 - Dorsey v. State

How this case has been cited

Cited by 27 later decisions — most recently June 1995 · most notably 75 Ill. 2d 566 - Eastern v. Canty (1979), Henderson v. State (1980)

24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Opinion Concurring in Result

Staton, P.J.

¶2I concur in result since my rationale would differ from that of the majority. First, the mere filing of a removal petition does not confer jurisdiction, nor does it divest jurisdiction. Second, the defendant, Reginald Dorsey, does have a constitutional right to defend himself. The trial court committed error by denying Dorsey’s request to proceed pro se. However, this error does not rise to a fundamental error in this cause. Furthermore, the error was harmless. I do not agree that the error is moot. For these reasons, I have concurred in result.

¶3Note. — Reported at 357 N.E.2d 280.