Div II- Trial court violates right to public trial and right to represent self.
Paumier appeals conviction of residential burglary and third degree theft. He argues that the trial court excluded the public from portions of his trial and denied his right to represent himself.
Part of jury selection was done privately inside of chambers. During trial Paumier told the court that he wanted to represent himself and didn't feel like his attorney was doing a good job. The court denied his request stating that it came to late.
The court of appeals agreed with Paumier holding that the portion of jury selection done privately in chambers violated Paumier’s constitutional rights and that the trial court violated his right to represent himself. The court acknowledged that such a request to represent oneself should be timely and should not be used as a delay. Here, the court of appeals stated that his request came after jury selection but before the jury was sworn and no continuance was requested.