ILNews

Pro se defendant must be advised of rights

Back to TopCommentsE-mailPrintBookmark and Share

The requirement to advise a defendant of the dangers of self-representation and the benefit of counsel applies equally regardless of whether a pro se defendant is choosing to plead guilty or go to trial, the Indiana Court of Appeals decided today.

The appellate court declined to follow Sedberry v. State, 610 N.E.2d 284, 286 (Ind. Ct. App. 1993), Redington v. State, 678 N.E.2d 114, 118 (Ind. Ct. App. 1997), and Greer v. State, 690 N.E.2d 1214, 1217 (Ind. Ct. App. 1998), in ruling on David Hopper v. State of Indiana, No. 13A01-1002-PC-41, because they seem to establish two different standards for reviewing a wavier of counsel. Those cases apply a less demanding standard for defendants who choose to plead guilty than those who want to go to trial. The state wanted the judges to follow Sedberry, which held if a defendant waived his right to counsel and pleads guilty, there’s no need to advise the defendant about the dangers of proceeding without counsel because the defendant isn’t going to trial.

“We posit that the direction Sedberry takes us diminishes plea negotiations and guilty plea hearings in importance. We believe both are, indeed, critical stages of the proceeding where representation by a lawyer is crucial,” wrote Judge Michael Barnes.

Hopper pleaded guilty to Class A misdemeanor operating while intoxicated after waiving his rights to counsel. He read a form provided by the court, which stated if his case was serious enough, the judge would appoint a public defender. The judge also explained if he couldn’t afford an attorney, one would be appointed, but the judge never explained the dangers of waiving representation.

Hopper filed a petition for post-conviction relief several years later when he was represented by counsel, arguing he didn’t knowingly or intelligently waive his right to counsel. He also stated he was a high school drop out and didn’t understand some of the terminology in the form given to him.

“The right to counsel in a criminal case is not dependent upon the ‘seriousness’ of the case,” wrote Judge Barnes. “If this form is still in use, we direct that the references to the ‘seriousness’ of the case be deleted from the form’s discussion of the right to counsel.”

There’s no evidence the form advises defendants on the peril of proceeding without representation, the trial court judge didn’t inform Hopper of those dangers, and there’s no evidence Hopper independently understood the disadvantages of self-representation. Because his decision wasn’t knowingly or intelligently made, there’s no need to decide whether he was prejudiced by a lack of representation, the appellate court concluded. The judges remanded the case for further proceedings.
 

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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

ADVERTISEMENT