ILNews

State submits SCOTUS brief in pro se case

Michael W. Hoskins
January 1, 2008
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Trial courts should be able to deny criminal defendants the right to represent themselves when that person can't communicate coherently with the court or jury, the Indiana Attorney General's Office wants the nation's highest court to decide.

The state submitted a brief this week to the Supreme Court of the United States, which will hear arguments March 26 in the Hoosier-based pro se case of Indiana v. Ahmad Edwards, No. 07-208. You can view the 74-page brief online here.

Dating to July 1999, the case is now before the nation's high court following an Indiana Supreme Court ruling in May 2007. Mall surveillance caught Edwards stealing shoes from an Indianapolis store July 12, 1999. While running away outside, he shot at police.

Edwards was charged with attempted murder and battery with a deadly weapon that summer, but his jury trial was delayed during the next five years as he was found to be competent and incompetent to stand trial at different times. He was ultimately ruled competent and a jury trial began in June 2005, but the jury couldn't reach a decision and a mistrial was declared.

Edwards wanted to proceed pro se, but the trial court determined he might have been competent for trial but was incapable of representing himself. After a second trial in December 2005, he was convicted of attempted murder and battery with a deadly weapon, and was sentenced to a concurrent 30-year sentence. Edwards appealed on several issues, including that he was denied his right to represent himself. The state's two highest appellate courts reversed that and ordered a new trial.

Last May, Indiana's justices relied on precedent from the U.S. Supreme Court that it deemed binding, but also ripe for a possible review by the nation's highest court. Decisions cited include landmark cases Faretta v. California, 422 U.S. 806 (1975) which held courts could not force a lawyer upon a defendant wanting his or her own self-representation; and Godinez v. Moran, 509 U.S. 389 (1993), that held the standard of competence to waive the right to counsel is the same standard of competence to stand trial.

Now, the state argues that the Sixth Amendment allows state trial courts to impose a higher standard of competency for self-representation than for standing trial because courts are permitted to balance the interests of any defendant. Faretta doesn't prohibit a court from refusing to allow a defendant from proceeding pro se if he or she can't effectively communicate with the court or jury, the state contends.

"For a defendant who cannot communicate, in other words, waiving trial counsel is tantamount to waiving a fair trial in a way that it is for a defendant who can communicate, but who may otherwise do a poor job of representing himself," the brief states, also urging the court to consider overruling its Faretta decision if it conflicts with what the state is proposing.

The state argues that dissenting justices in the 1975 ruling noted, "a right to self-representation is without solid textual, structural, or historical foundation."

Edwards' attorneys have until March 5 to submit their brief.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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