08/22/2018 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 20, 2018 STATE OF TENNESSEE v. RASHUNUS B. PEARSONS Appeal from the Criminal Court for Davidson County No. 2016-B-866 Mark J. Fishburn, Judge ___________________________________ No. M2017-01488-CCA-R3-CD ___________________________________ Defendant, Rashunus B. Pearsons,1 was indicted for two counts of aggravated assault and two counts of harassment. Defendant was uncooperative with his appointed attorneys, and the trial court allowed Defendant to represent himself at trial. After a jury trial, Defendant was found guilty of all counts. On appeal, Defendant argues that his right to a speedy trial was violated, that the trial court erred by granting the State’s motion in limine to exclude mention of the victim’s immigration status, that the evidence was insufficient to support his conviction for aggravated assault, and that the trial court deprived him of his right to counsel. After a thorough review of the record, we conclude that proper procedure was not followed to secure a waiver of the right to counsel from Defendant and that Defendant did not forfeit his right to counsel. Therefore, we reverse the judgments of the trial court and remand this case for a new trial. Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Reversed and Remanded TIMOTHY L. EASTER, J., delivered the opinion of the court, in which D. KELLY THOMAS, JR., and ROBERT L. HOLLOWAY, JR., JJ., joined. Joseph L. Morrissey, Jr. (on appeal), Nashville, Tennessee, for the appellant, Rashunus B. Pearsons. Herbert H. Slatery III, Attorney General and Reporter; Alexander C. Vey, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Mindy Morris, Assistant District Attorney General, for the appellee, State of Tennessee. 1 Defendant’s last name is spelled variously as “Pearsons” and “Pearson” throughout the technical record. The policy of this Court is to use the spelling as set out in the indictment. OPINION Factual and Procedural Background On August 15, 2014, a Davidson County Grand Jury indicted Defendant for one count of aggravated assault by “intentionally or knowingly” causing bodily injury to Christina Murdie, the victim, by strangulation and two counts of harassment. See T.C.A. §§ 39-13-102; 39-17-308. At his arraignment on the indictment, the trial court found Defendant to be indigent and appointed Defendant’s first attorney. A few months later, Defendant’s first attorney filed a motion to withdraw as counsel. In his motion, Defendant’s first attorney gave a laundry list of reasons for withdrawal including: Defendant was “hostile” and “uncooperative”; Defendant refused to take his advice about writing letters to the trial court and the district attorney’s office; Defendant made “unreasonable and inappropriate demands” regarding the strategy of the defense; Defendant refused to engage trial counsel during jail visits; Defendant indicated his distaste and distrust of his attorney; Defendant threatened a lawsuit and a complaint with the Board of Professional Responsibility against his attorney; and Defendant’s relationship with his first attorney “deteriorated to the point where he no longer f[elt] he c[ould] effectively represent” Defendant. ...
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