ILNews

Test run for SCOTUS arguments

Michael W. Hoskins
January 1, 2008
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An Indiana case goes up to the U.S. Supreme Court in the final week of March to determine whether a man who's been found competent to stand trial is competent to represent himself in those court proceedings.

Before that happens, though, the defense team representing the Indianapolis man is at the University of Illinois College of Law in Chicago getting a test run today in a mock argument of Indiana v. Ahmad Edwards, No. 07-208, which will go before the nation's highest court on March 26.

The case poses a question of whether states may adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial. It comes from a criminal case out of Indianapolis in 1999, which resulted in years of litigation before the Indiana Supreme Court decided in May 2007 that Edwards had a right to represent himself at a new trial. The state appealed to the U.S. Supreme Court, which accepted the case late last year and is now being fully briefed.

"This is a pretty significant case that's not only interesting, but it really matters," said law professor Andrew Leipold, the director of the college's criminal law and procedure program. "This is a test drive in front of our faculty."

Washington, D.C.-based attorney Mark Stancil, who's arguing before the nine justices; and Michael R. Fisher with the Marion County Public Defender Agency's appellate division, who handled the case at the state level, will both participate in the moot court setting.

Stancil's brother, who teaches at the school, is the Illinois college's connection to the Indiana case. Faculty participating in the mock argument scheduled to start at 3 p.m. Central (4 p.m. Eastern) today include Leipold, professor and criminal defense attorney Steven Beckett, professor and constitutional law expert Larry Solum, and professor and legal historian Bruce Smith.

That panel will ask questions and try to replicate what they believe justices will ask later this month, Leipold said.

"We will press hard on possible weaknesses and figure out ways to help (Stancil) make his points," Leipold said.
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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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