Brief filed: 02/08/2008
Documents
Indiana v. Edwards
United States Supreme Court; Case No. 07-208
Prior Decision
Opinion below, 866 N.E.2d 252 (Ind. 2007)
Question Presented
May states adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial? Brief argues for a return to the common law competency standard, that if an unrepresented defendant is not able to present a reasoned defense due to mental infirmity then he is not competent. In the alternative, the Court should permit states to appoint an attorney to represent mentally-infirm defendants whose competency to stand trial is dependent upon the assistance of counsel. The Sixth Amendment right of self-representation is not absolute, and protecting the right to a fair trial of defendants who would be deemed incompetent under the common law standard is an appropriate reason for recognizing an exception to it.
Argument(s)
Author(s)
Kevin P. Martin, Abigail K. Hemani and Dahlia S. Fetouh, Goodwin Proctor LLP, Boston, MA.
