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High court rules on self-representation issue

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The Indiana Supreme Court affirmed a trial court's ruling that a defendant who was competent enough to stand trial wasn't competent to represent himself at trial, an issue on remand from the Supreme Court of the United States.

In Ahmad Edwards v. State of Indiana, No. 49S02-0705-CR-202, the justices unanimously agreed the denial of Ahmad Edward's request to act pro se at his criminal trial didn't violate his federal or state constitutional right to self-representation. Edwards wanted to represent himself at his second trial, when he was convicted of attempted murder and battery. The Indiana Court of Appeals reversed the convictions and the Supreme Court agreed with the appellate court.

The Supreme Court of the United States vacated the state's Supreme Court's judgment, holding that the federal Constitution permits judges to take a realistic account of the particular defendant's mental capacities and allows states to insist upon counsel for those competent enough to stand trial under Dusky v. United States, 362 U.S. 402 (1960), but not represent themselves.

On remand, the Indiana Supreme Court had to determine whether the trial court found Edwards suffered from a severe mental illness such that he wasn't competent to conduct trial proceedings on his own and if the record supports this. Edwards had three mental competency determinations over the course of three years.

Justice Theodore Boehm wrote the Indiana Supreme Court had two alternatives: resolve the issue before them or remand for a hearing in which the issue is Edwards' mental illness as of December 2005 when his second trial was held. The justices concluded the trial court's findings and body of evidence available at the trial court's consideration took away any need for a retrospective competency hearing.

Although there is conflicting evidence as to whether or not Edwards was competent or if his mental illness was improving, the Supreme Court had to consider his competency when he wanted to represent himself in 2005 at trial. The psychiatric evaluations of Edwards sometimes disagree, but they overwhelmingly confirm that he suffered from severe and pervasive mental illness, Justice Boehm wrote. As such the evidence and circumstances support the trial court finding he wasn't competent enough to stand trial.

The Supreme Court also examined Edwards' claim under Article I, Section 13 of the Indiana Constitution and concluded the right to self-representation of mentally impaired persons under Section 13 is no broader than that guaranteed under the Sixth Amendment, wrote the justice.

Although the Indiana constitution states the accused has the right "to be heard by himself" and doesn't express a preference for whether the defendant or counsel should take the steps to be heard, the justices ruled the accused's right "to be heard by himself" isn't an unlimited right to conduct all trial proceedings on his or her own.

The high court also declined - as the state requested - to adopt a Section 13 standard allowing courts to "deny a criminal defendant the right to represent himself at trial where the defendant cannot communicate coherently with the court or jury."

"The federal constitution establishes rights that the states may choose to expand, but the Supremacy Clause precludes any state doctrine that restricts a federal constitutional right," wrote Justice Boehm. "Edwards describes a limitation on the general federal constitutional right to self-representation, and the Supreme Court expressed uncertainty as to how the State's proposal would 'work in practice' and declined to adopt it as a federal standard."

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

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  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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