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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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