Moreover, we find the cases cited by the State distinguishable. None of the cases cited by the State involved a Sixth Amendment right to counsel; therefore, they simply do not involve the type of structural error at issue here. See Young v. State, 370 Ark. 147, 257 S.W.3d 870 (2007) (insufficient proof of voluntariness of confession); George v. State, 356 Ark. 345, 151 S.W.3d 770 (2004) (suppression hearing not included in the record); Moore v. State, 303 Ark. 1, 791 S.W.2d 698 (1990) (failure to conduct a Denno[1] hearing); Taffner v. State, 2018 Ark. 99, 541 S.W.3d 430 (failure to hold an in camera Ritchie[2] review of DHS file).
We hold that an accused is entitled to relief from a conviction whenever the proceedings indicate the unfairness of trial without the help of a lawyer. See Gibson v. State, 298 Ark. 43, 764 S.W.2d 617 (1989). That is the case here. Therefore, we reverse Shabazz's conviction and remand for retrial.
Reversed and remanded.
Gruber, C.J., and Abramson, Gladwin, Hixson and Murphy, JJ., agree.
Short Law Firm, by: Lee D. Short, for appellant.
Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass't Att'y Gen., for appellee.
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