ILNews

Test run for SCOTUS arguments

Michael W. Hoskins
January 1, 2008
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An Indiana case goes up to the U.S. Supreme Court in the final week of March to determine whether a man who's been found competent to stand trial is competent to represent himself in those court proceedings.

Before that happens, though, the defense team representing the Indianapolis man is at the University of Illinois College of Law in Chicago getting a test run today in a mock argument of Indiana v. Ahmad Edwards, No. 07-208, which will go before the nation's highest court on March 26.

The case poses a question of whether states may adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial. It comes from a criminal case out of Indianapolis in 1999, which resulted in years of litigation before the Indiana Supreme Court decided in May 2007 that Edwards had a right to represent himself at a new trial. The state appealed to the U.S. Supreme Court, which accepted the case late last year and is now being fully briefed.

"This is a pretty significant case that's not only interesting, but it really matters," said law professor Andrew Leipold, the director of the college's criminal law and procedure program. "This is a test drive in front of our faculty."

Washington, D.C.-based attorney Mark Stancil, who's arguing before the nine justices; and Michael R. Fisher with the Marion County Public Defender Agency's appellate division, who handled the case at the state level, will both participate in the moot court setting.

Stancil's brother, who teaches at the school, is the Illinois college's connection to the Indiana case. Faculty participating in the mock argument scheduled to start at 3 p.m. Central (4 p.m. Eastern) today include Leipold, professor and criminal defense attorney Steven Beckett, professor and constitutional law expert Larry Solum, and professor and legal historian Bruce Smith.

That panel will ask questions and try to replicate what they believe justices will ask later this month, Leipold said.

"We will press hard on possible weaknesses and figure out ways to help (Stancil) make his points," Leipold said.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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