ILNews

Test run for SCOTUS arguments

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
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.
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