Volume 974 — North Western Reporter, Second Series

To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel. A defendant's conduct may be the functional equivalent of a voluntary waiver of the right to counsel. A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

Post-judgment motions following a judgment denying post-conviction relief will be treated as another application for post-conviction relief. District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(7). A proposed pre-filing order designating a person as a vexatious litigant is not appealable.