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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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