ILNews

Justices rule on competency for pro se representation

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The federal constitutional right to self-representation requires a defendant who is competent to stand trial be allowed to proceed pro se, the Indiana Supreme Court has ruled.

Justices granted transfer and issued a unanimous decision Thursday afternoon in Ahmad Edwards v. State of Indiana, No. 59S02-0705-CR-202. Justice Theodore Boehm wrote the 10-page opinion summarily affirming the Indiana Court of Appeals' rationale in a September decision that reversed the convictions for attempted murder and battery with a deadly weapon and now means a new trial for Edwards.

In its decision, the justices relied on precedent from the Supreme Court of the United States that it deemed binding but ripe with a need for possible review by the nation's high court. Cases cited include the landmark cases of Faretta v. California, 422 U.S. 806 (1975), which held courts could not force a lawyer upon a defendant wanting his or her own self-representation; and Godinez v. Moran, 509 U.S. 389 (1993), that held the standard of competence to waive the right to counsel is the same standard of competence to stand trial.

"We have sympathy for the view that a trial court should be afforded some discretion to make that call," Justice Boehm wrote. "The record in this case presents a substantial basis to agree with the trial court and thus presents an opportunity to revisit the holdings of Faretta and Godinez, if the Supreme Court of the United States decides that is to be done. However, as it stands today, we are bound by these authorities as Supreme Court precedent."

In September, Indiana's lower appellate court's panel cited the same precedent in determining that Marion Superior Judge Grant Hawkins erred in denying Edwards' request to represent himself in a second trial, inasmuch that it had earlier found him competent to stand trial.

This case stems from a downtown Indianapolis incident in July 1999 in where Edwards was caught on surveillance stealing a pair of shores from Parisian at Circle Centre Mall.

A loss prevention officer followed and approached Edwards on a street corner to stop him, but Edwards pulled out a gun and fired two shots at the officer who hit the pavement and signaled that he was unarmed. Edwards began walking away, but then he turned and pointed the gun at the officer's head, firing a third shot from seven feet away and striking a bystander in the right leg. One bullet had grazed the officer's back.

A special FBI agent driving by witnessed the activity and chased Edwards into a parking garage, where he exchanged gunfire and wounded Edwards before arresting him.

Edwards was charged with felony attempted murder and battery with a deadly weapon that summer, but his jury trial was delayed during the next five years as he was found to be competent and incompetent to stand trial at different times. He was ultimately ruled competent and a jury trial began in June 2005, but the jury couldn't reach a decision and a mistrial was declared.

Edwards then moved to proceed pro se. The trial court conducted a hearing and determined that Edwards was competent to stand trial but incapable of representing himself. He was sentenced in January 2006 to a concurrent 30-year sentence. Edwards appealed on several issues, including that he was denied his right to represent himself.

In its Sept. 18 decision, the Indiana Court of Appeals reversed the convictions and wrote, "The Supreme Court of the United States and of Indiana have pronounced that one's competency to represent oneself at trial is measured by one's competency to stand trial, and that the standard for the former may not be higher than the standard for the latter."

The appellate court emphasized on remand that if Edwards still wants to represent himself, the trial court must ensure his waiver of that right be both knowing and voluntary and that Edwards be made aware of the nature, extent, and importance of the right and consequences of waiving that right.

"If the trial court concludes that Edwards is incapable of making a knowing and voluntary waiver and/or understanding the consequences of this waiver, it should articulate the factors causing it to arrive at that conclusion," the court wrote.The case now goes back to Marion County for a new trial.
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

ADVERTISEMENT