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Seymour v. State

The Court reversed the defendant's conviction because the trial court employed an incorrect standard in denying the defendant the right to represent himself.

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A jury found Charles Thomas Seymour guilty of arson. Following the denial of his amended motion for new trial, Seymour appeals, asserting several claims of error, including a claim that the trial court erred in denying him the right to represent himself. Because the trial court employed the wrong standard for determining whether Seymour knowingly and intelligently waived his right to counsel, we reverse this case for a new trial. Construed in favor of the verdict, the record reveals that Seymour spent the night at his parent’s home. Around 11:00 p.m., Seymour’s father awoke to find a metal shelter adjacent to his home on fire. Fearing that the fire would spread, Seymour’s father moved his van and also instructed Seymour to move his truck. Seymour said nothing in reply, moved his truck, and then went back to bed. Seymour admitted both to a sheriff on the scene and in an interview with police a month later that he started the fire using nearby gas cans.1

1. Seymour first asserts that the trial court erred in refusing to allow him to represent himself at trial. “On appeal, we accept the trial court’s findings on disputed facts and the credibility of witnesses unless clearly erroneous, but independently apply the law to the facts.” Citations and footnote omitted. State v. Rodriguez , 274 Ga. 728 559 SE2d 435 2002.

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