M-2017-511
**Court of Criminal Appeals of the State of Oklahoma** **Case: William Robert Burk vs. The State of Oklahoma** **Case No: M-2017-511** #### OPINION BY: Kuehn, VPJ **Background:** William Robert Burk was convicted of Obstruction of Public Officer in the District Court of Payne County, sentenced to 30 days in jail and fined $500. The case arose from an incident on December 13, 2015, where Burk was stopped for driving with an improper license tag. He refused to provide a driver's license, proof of insurance, or identify himself. Police officers were forced to break into his vehicle after he locked himself inside, leading to his arrest. **Proposition I: Self-Representation** Burk contends the trial court erred by allowing him to represent himself without ensuring he made a knowing and intelligent waiver of his right to counsel. The court finds that Burk effectively waived his right to counsel through his actions over time, including repeatedly refusing to secure legal representation. The court cites multiple precedents establishing that a defendant may waive the right to counsel by conduct, and emphasizes the need for a clear understanding of the risks involved in self-representation. While acknowledging Burk's claims of financial capacity to hire an attorney, he nevertheless insisted he would not apply for court-appointed counsel. The court concludes Burk’s behavior—self-characterization of being forced to represent himself and refusal to accept assistance—constituted an implied waiver of his right to counsel, allowing the trial to proceed without an attorney. **Proposition II: Sufficiency of Evidence** In his second claim, Burk argues the evidence was insufficient to support his conviction. However, the court finds that Burk's refusal to provide identification and engage with police clearly obstructed their duties. Citing relevant statutes and case law, the court asserts that any rational jury could find him guilty of obstructing a public officer based on his actions during the encounter. **Conclusion:** The court affirms the judgment and sentence from the District Court of Payne County, asserting that Burk had sufficient warnings about self-representation risks and willingly chose to proceed without counsel. ### Dissenting Opinion - Judge Lumpkin Judge Lumpkin argues against affirming the conviction, citing concerns about Burk's mental state and the trial court's failure to ensure he was adequately informed of the consequences of self-representation. He emphasizes that Burk was not given proper Fairtta warnings about the implications of his decision and suggests that mental health issues should have prompted the court to reevaluate Burk's right to counsel. ### Concurring Opinion - Judge Hudson Judge Hudson agrees with the outcome but asserts that the basis for the decision hinges not on waiver by conduct but rather on forfeiture of counsel due to Burk's dilatory misconduct. He highlights the necessity for courts to maintain order and efficiently administer justice, especially when faced with obstructionist behavior from defendants. **Decision: The Judgment is AFFIRMED.** For further details and full opinions, you may refer to [this PDF link](https://opinions.wirthlawoffice.com/wp-content/uploads/M-2017-511_1734779027.pdf).