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State's policy in court doesn't violate constitution

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The state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals. The defendants argued their mental illnesses may stigmatize them in the eyes of a jury so they wanted bench trials instead of jury trials.

In the consolidated interlocutory appeal of Joshua Lewis, Nashelia Avant, and Marilyn Owens v. State of Indiana, No. 49A02-0808-CR-757, defendants Joshua Lewis, Nashelia Avant, and Marilyn Owens, all of whom had some form of mental illness, challenged the trial court's denial of their petitions to transfer their cases out of Marion Superior Court 8 on the grounds the state's refusal to waive jury trials in that court violated the federal and state constitutions.

Class D felony cases involving defendants with mental health problems or diagnoses are often transferred to Court 8. After a series of bench trials and acquittal of multiple defendants in June 2007, the state refused to waive jury trials for Class D felony cases in Court 8.

Lewis and the others argued the state's refusal to waive jury trials compromises defense counsel's effectiveness by preventing them from making a meaningful strategic decision regarding whether to pursue a jury or bench trial. They contended they are left with a similar "hard choice" as in U.S. v. Lewis, 638 F. Supp. 573, 578 (W.D. Mich. 1986). The appellate judges disagreed, finding the defendants' right to a bench trial isn't analogous to the Lewis defendants' right to religious freedom, wrote Judge Cale Bradford. As such, there was no violation of their Sixth Amendment rights.

The Court of Appeals also didn't agree with the argument that their mental illnesses and the social stigmas that go along with them would infect a jury pool, making a bench trial necessary. The defendants claimed their mental illnesses are a reason to allow them bench trials, like the reasons mentioned in Singer v. United States, 380 U.S. 24, 36 (1965). The U.S. Supreme Court in that case didn't decide when a circumstance may arise that would make it unlikely for an impartial trial by jury because the petitioner gave no reason for wanting to forgo the jury trial other than to save time.

"But without evidence demonstrating otherwise, we cannot assume that negative public perceptions of mental illness necessarily place a mentally-ill defendant at risk or compromise his right to a fair trial when members of the public stand in his judgment," Judge Bradford wrote. "Negative public scrutiny and social ostracism, while no doubt disadvantageous in the social context, are just as likely - and perhaps more likely - to arouse compassion for a criminal defendant."

The Court of Appeals also found the state's policy of refusing to waive jury trials for mentally ill defendants in Court 8 doesn't violate their rights under the Equal Protection Clause or the privileges and immunities clause of the Indiana Constitution. Although the state's alleged policy covers people charged with D felonies who all have some link to mental illness, there was nothing to show the state's policy related to their mental illness, wrote the judge.

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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