ILNews

SCOTUS hears pro se competency case

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
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.
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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT