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COA orders new trial for man who represented himself

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Finding a defendant did not knowingly or intelligently waive his right to counsel, the Indiana Court of Appeals Thursday ordered a new trial on strangulation and domestic battery charges.

In Timothy W. Parish v. State of Indiana, 64A03-1210-CR-438, Timothy Parish was arrested for strangling his live-in fiancée and her 9-year-old son during an argument. He was charged with two counts of Class D felony strangulation and one count of Class D felony domestic battery.

Parish was informed of his right to counsel at the initial hearing. He posted a surety bond and was released from jail. At another hearing, Parish told the court he wasn’t going to hire an attorney and the court didn’t inquire further about the decision to represent himself. Later, he wanted a public defender, so the court asked about his financial status. After learning that Parish owned his home and had around $130,000 equity in it, the judge denied appointing a public defender.

Parish was convicted as charged.

The Indiana Court of Appeals affirmed that the trial court didn’t abuse its discretion in denying Parish counsel at the public expense because Parish did not further explain to the court what his paycheck paid. He posted bond the same day it was set and later hired an attorney to represent him at sentencing.

But, the appeals court ruled, the trial court erred by not advising Parish of the dangers and disadvantages of self-representation. The judge made no inquiry into Parish’s decision to represent himself, only gave him one advisement that he was entitled to an attorney, and never investigated his educational background and legal experience.

“The facts and circumstances of this case do not warrant a knowing and intelligent waiver. The importance of the right to counsel cautions that trial courts should at a minimum reasonably inform defendants of the dangers and disadvantages of proceeding without counsel,” Judge Nancy Vaidik wrote.

 

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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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