ILNews

SCOTUS hears pro se competency case

Michael W. Hoskins
January 1, 2008
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The Supreme Court of the United States heard arguments this morning in its third Indiana case in the past six months, pondering whether defendants found competent to stand trial maintain a right to represent themselves.

In its first case of the morning at 10 a.m., justices took on Indiana v. Ahmad Edwards, No. 07-208, delving into what the Sixth Amendment dictates regarding competency standards for pro se litigants. Indiana Solicitor General Thomas M. Fisher argued for the state and shared his time with Michael R. Dreeben of the U.S. Solicitor General's office, while Washington, D.C., attorney Mark Stancil argued for Edwards.

The case stems from a 1999 incident in Indianapolis in which Edwards stole shoes from a downtown store, fled, and then shot at police before being arrested. He was diagnosed with schizophrenia. After years of back and forth decisions about his competency to stand trial, Edwards was ultimately cleared for trial. The trial judge determined he wasn't fit to represent himself, but Edwards won on appeal. The Indiana Supreme Court reversed that order in May 2007 with a ruling that invited SCOTUS review of precedent.

This morning's arguments drew a small group of Hoosier attorneys from both sides, including Michael R. Fisher from the Marion County Public Defender Agency's appellate division, who saw the case through the Indiana appellate courts before it went to the SCOTUS. This was the first case of Fisher's to reach this level. Though he didn't argue the case, he had a front-row seat at lead counsel table.

Both Stancil and Thomas Fisher said the justices were active as always in their questioning and presented insightful considerations about the practical ramifications of the case. Neither encountered any surprises, they said. Justice Antonin Scalia was particularly engaged in the arguments, as he's viewed as one of the strongest proponents of the Sixth Amendment, the attorneys said.

"I thought it was a good day," Thomas Fisher said. "Several justices acknowledged the difficulty trial judges have in these situations, where they have to balance someone's right to represent with what happens when that person can't be relied upon to relay a coherent defense."

Indiana Lawyer couldn't immediately reach Michael Fisher following the arguments.

Audio broadcasts of arguments are rare and the court doesn't offer video of the arguments, although a transcript can be viewed here.

With these arguments complete, the high court now has three argued cases from Indiana on its plate, all of them within the past six months. Those are a money laundering case from East Chicago, U.S. v. Efrain Santos, No. 06-1005, that the court heard in October and the high-profile, consolidated voter identification law case, Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25, argued in January. Justices are expected to rule on at least the first two argued cases by the time the court recesses in late June.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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