ILNews

High court rules on self-representation issue

Back to TopCommentsE-mailPrintBookmark and Share

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."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT