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Trial in absentia did not violate due process

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The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.

In Ronald B. Hawkins v. State of Indiana, 20A03-1112-CR-579, Ronald Hawkins appealed his convictions, arguing that he was denied due process when he was tried in absentia and without trial counsel, that his presence at sentencing by video only was erroneous, that the trial court improperly entered judgment on both counts as Class C felonies, and that the trial court abused its discretion in imposing consecutive sentences.

Hawkins failed to appear at a hearing concerning his counsel’s motion to withdraw. He was given notice that his public defender’s motion would be granted if he failed to appear at a reset meeting, and he did not appear. Hawkins, who traveled from North Carolina to Indiana for his jury trial, arrived several hours late and missed the proceedings.

“We find that the facts addressed by the Indiana Supreme Court in Jackson (v. State, 868 N.E.2d 494, 499 (Ind. 2007)), in which waiver of the right to counsel was found, are close enough to dictate the same result here,” the opinion states.

Hawkins waived for appellate review his argument that it was improper to sentence him via videoconference. The COA affirmed in part, ruling that Hawkins’ due process rights weren’t violated; reversed in part, addressing issues involving convictions and sentencing; and remanded the case.

“The trial court did not abuse its discretion in imposing consecutive sentences,” Judge Cale Bradford wrote. “The trial court, however, erred in entering both convictions as Class C felonies. We remand with instructions to reduce one of Hawkins’s Class C felony non-support of a dependent child convictions to a Class D felony and impose the advisory sentence, to be served consecutive to the sentence for the remaining Class C felony, for an aggregate sentence of five and one-half years.”

Judge Terry Crone concurred, while Judge Nancy Vaidik concurred in part and dissented with opinion.

Vaidik disagreed with the majority conclusion that Hawkins knowingly, intelligently and voluntarily waived his right to counsel.

“Because I believe that the facts in this case are readily distinguishable from the facts in Jackson and because of the importance of an attorney for a fair proceeding, I would reverse the trial court on this issue,” she wrote.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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