Justices rule on competency for pro se representation

Michael W. Hoskins
January 1, 2007
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The federal constitutional right to self-representation requires a defendant who is competent to stand trial be allowed to proceed pro se, the Indiana Supreme Court has ruled.

Justices granted transfer and issued a unanimous decision Thursday afternoon in Ahmad Edwards v. State of Indiana, No. 59S02-0705-CR-202. Justice Theodore Boehm wrote the 10-page opinion summarily affirming the Indiana Court of Appeals' rationale in a September decision that reversed the convictions for attempted murder and battery with a deadly weapon and now means a new trial for Edwards.

In its decision, the justices relied on precedent from the Supreme Court of the United States that it deemed binding but ripe with a need for possible review by the nation's high court. Cases cited include the landmark cases of Faretta v. California, 422 U.S. 806 (1975), which held courts could not force a lawyer upon a defendant wanting his or her own self-representation; and Godinez v. Moran, 509 U.S. 389 (1993), that held the standard of competence to waive the right to counsel is the same standard of competence to stand trial.

"We have sympathy for the view that a trial court should be afforded some discretion to make that call," Justice Boehm wrote. "The record in this case presents a substantial basis to agree with the trial court and thus presents an opportunity to revisit the holdings of Faretta and Godinez, if the Supreme Court of the United States decides that is to be done. However, as it stands today, we are bound by these authorities as Supreme Court precedent."

In September, Indiana's lower appellate court's panel cited the same precedent in determining that Marion Superior Judge Grant Hawkins erred in denying Edwards' request to represent himself in a second trial, inasmuch that it had earlier found him competent to stand trial.

This case stems from a downtown Indianapolis incident in July 1999 in where Edwards was caught on surveillance stealing a pair of shores from Parisian at Circle Centre Mall.

A loss prevention officer followed and approached Edwards on a street corner to stop him, but Edwards pulled out a gun and fired two shots at the officer who hit the pavement and signaled that he was unarmed. Edwards began walking away, but then he turned and pointed the gun at the officer's head, firing a third shot from seven feet away and striking a bystander in the right leg. One bullet had grazed the officer's back.

A special FBI agent driving by witnessed the activity and chased Edwards into a parking garage, where he exchanged gunfire and wounded Edwards before arresting him.

Edwards was charged with felony attempted murder and battery with a deadly weapon that summer, but his jury trial was delayed during the next five years as he was found to be competent and incompetent to stand trial at different times. He was ultimately ruled competent and a jury trial began in June 2005, but the jury couldn't reach a decision and a mistrial was declared.

Edwards then moved to proceed pro se. The trial court conducted a hearing and determined that Edwards was competent to stand trial but incapable of representing himself. He was sentenced in January 2006 to a concurrent 30-year sentence. Edwards appealed on several issues, including that he was denied his right to represent himself.

In its Sept. 18 decision, the Indiana Court of Appeals reversed the convictions and wrote, "The Supreme Court of the United States and of Indiana have pronounced that one's competency to represent oneself at trial is measured by one's competency to stand trial, and that the standard for the former may not be higher than the standard for the latter."

The appellate court emphasized on remand that if Edwards still wants to represent himself, the trial court must ensure his waiver of that right be both knowing and voluntary and that Edwards be made aware of the nature, extent, and importance of the right and consequences of waiving that right.

"If the trial court concludes that Edwards is incapable of making a knowing and voluntary waiver and/or understanding the consequences of this waiver, it should articulate the factors causing it to arrive at that conclusion," the court wrote.The case now goes back to Marion County for a new trial.

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.