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Majority orders new requirement for pro se defendants with little guidance

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Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.

In David Hopper v. State of Indiana, No. 13S01-1007-PC-399, David Hopper originally pled guilty in 2005 to operating while intoxicated. He signed a “waiver of attorney” form. In 2009, he filed a petition for post-conviction relief saying his waiver wasn’t made knowingly and intelligently and because of that, he was denied his right to counsel in violation of the U.S. and state constitutions.

The Court of Appeals reversed the denial of relief by the post-conviction court. The judges found a waiver of counsel entered into without advice of both the right to counsel and the dangers of proceeding pro se is not knowing and voluntary. They pointed out the value of counsel’s experience in bargaining for a plea and the ability to find weaknesses in the state’s position to allow for negotiation.

The Court of Appeals referred to the constitutions, but Justices Theodore Boehm, Robert Rucker, and Frank Sullivan decided not to base their holding on either the federal or state constitution, noted Justice Boehm for the majority.

“Rather, we exercise our supervisory power to require that in the future a defendant expressing a desire to proceed without counsel is to be advised of the dangers of going to trial as required by Faretta, and also be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case,” he wrote.

The majority noted this new advisement, which is prospectively applied, will require minimal additional time or effort at the initial hearing and may encourage defendants to accept counsel. They don’t believe it will impose a significant burden on the judicial process, but didn’t offer any specific instructions on how trial courts were to advise defendants.

Since this will apply to future cases only, the majority affirmed the judgment of the trial court.

Chief Justice Randall T. Shepard and Justice Brent Dickson dissented. Chief Justice Shepard wrote that the primary beneficiaries of the decision will be repeat offenders, people like Hopper “because he has been charged with yet another offense and it would be helpful to him if he could wipe out his last conviction for drunk driving.”

The warnings mandated by the majority aren’t required by the federal Constitution and the majority explicitly declined to say that they are required by the state constitution, he continued, and they acted “without a word” on balancing the social costs or benefits within the mandate.

The dissent questioned how many people will decide not to plead guilty because of the “minimal” judicial intervention introduced by the majority, or how many repeat offenders will avoid penalties because the warning was omitted or found inadequate with the benefit of hindsight.

“That society, or even offenders, will be better off is far from clear,” he wrote.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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