Missouri Court of Appeals, Southern District / Nov 21, 2023
STATE OF MISSOURI, Respondent v. MARCUS L. LAVENDER, Appellant
Marcus L. Lavender appealed his convictions for assault, armed criminal action, endangering a child, and unlawful possession of a firearm. He argued the trial court erred by not securing a written waiver of counsel, failing to conduct an adequate Faretta hearing, and denying his motion for a new trial regarding an un-subpoenaed witness. The appellate court affirmed the convictions, finding no plain error in the trial court's determination that Lavender knowingly and voluntarily waived his right to counsel, especially given his standby counsel and trial performance. The court also found no plain error in denying the new trial motion, as there was no record of a subpoena request.