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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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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