ILNews

No new trial for defendant who discovered pitfalls of proceeding pro se

Back to TopCommentsE-mailPrintBookmark and Share

A defendant’s request for a do-over after representing himself at trial and being found guilty was denied by the Indiana Court of Appeals with the admonishment “proceeding pro se is riddled with pitfalls.”

Adrian Jackson appealed his conviction on the grounds the trial court violated his Sixth Amendment right to counsel because his decision to waive his right to counsel was not made knowingly, voluntarily and intelligently.

In Adrian Jackson v. State of Indiana, 49A01211-CR-553, the appeals court declined to disturb Jackson’s convictions, finding the trial court properly inquired into his request to go ahead pro se and provided him with sufficient advisements. The court affirmed the judgment of the trial court.

“In this case, a criminal defendant asserted his constitutional right to self-representation but unfortunately discovered that proceeding pro se is riddled with pitfalls,” Judge John Baker wrote.

Following a jury trial, Jackson was found guilty of Counts I and II, Class B felony criminal confinement; Counts III, IV, and V, Class B felony robbery, and Counts VI and VII, Class C felony battery. He was sentenced to an aggregate of 30 years.

Jackson claimed he only waived his right to counsel because he did not want to be represented by his appointed counsel and that the trial court failed to appoint him alternative counsel.

The COA conceded trial courts have no specific “talking points” when advising a defendant about the dangers and disadvantages of proceeding without counsel. However, in Poynter v. State, 749 N.E.2d 1122, 1126 (Ind. 2001), the Indiana Supreme Court has adopted four factors for a trial court to consider when determining whether a knowing, voluntary, and intelligent waiver has occurred.

The Court of Appeals examined whether the lower court provided Jackson with sufficient information about the pitfalls of self-representation; if the defendant had the background and experience necessary to make an informed decision; and if the context in which Jackson made his decision unduly influenced his actions.

Finding the trial court did meet the four Poynter factors, the COA concluded Jackson was not denied his Sixth Amendment right to counsel and the trial court properly determined his waiver was knowing, voluntary and intelligent.  
 

 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

ADVERTISEMENT