PEOPLE v. GOODWILLIE Part III
Trial judge erred in relieving pro per defendant's advisory counsel without defendant's consent where such action effectively reversed the order of another judge of same court appointing advisory counsel, and none of the exceptions to the rule against reconsideration by one judge of another judge's order applied. Appointment of advisory counsel is a matter of judicial discretion rather than a Sixth Amendment right, so procedural error in relieving such counsel requires reversal only upon an affirmative showing of prejudice. Order relieving advisory counsel was harmless where defendant claimed he would have made better legal arguments but could not show that court's rulings would have been different if he had, that his difficulties in presenting defense were a result of lack of advisory counsel rather than a result of his decision to represent himself, or that reliance on advice of advisory counsel would have overcome strength of prosecution's case. Trial court did not err in allowing defendant to represent himself once it ascertained that he understood the significance and consequences of choosing to do so. Trial court did not deny defendant's due process or Sixth Amendment rights by disallowing testimony by an eyewitness identification expert where cumulative corroborative effect of unequivocal eyewitness testimony, defendant's admissions, and additional corroborating evidence established validity of the identifications, and proposed expert testimony would thus have been of little probative value. Trial court violated defendant's right to due process by misinforming him regarding his eligibility for good behavior credits under a plea bargain offered by the prosecution; where record showed that defendant would have accepted the offer had he been accurately advised, prosecution would be required to either reinstate plea offer or have case set for retrial.
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