State of Tennessee v. Bernard Adrian Smith, a/k/a Adrian Smith a/k/a Adrianne Smith

The Defendant, Bernard Adrian Smith, a/k/a Adrian Smith, a/k/a Adrianne Smith, was convicted of attempted first degree murder and aggravated domestic assault following a bench trial. The Defendant represented himself at these proceedings, although he was appointed an attorney as “counsel to assist,” also known as “standby counsel.” On appeal, the Defendant contends, inter alia, that he did not ask to represent himself, even with the aid of standby counsel, and that the trial court improperly required him to do so against his expressed wishes. After a thorough review of the record, we agree with the Defendant that he was denied his right to counsel. Therefore, we reverse the judgments of the trial court and remand the case for a new trial.