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COA to hear institutionalization case

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The Indiana Court of Appeals will hear arguments Wednesday in a case of two men being held in a state mental health institution until they are deemed able to stand trial.

The arguments will be at 5 p.m. in the Wynne Courtroom at Indiana University School of Law - Indianapolis.

In Thomas and Dausman v. Murphy and Boggs, No. 49A02-0812-CV-1140, Steven Thomas and Derrick Dausman are accused of child molestation but found to possess insufficient comprehension to stand trial under Indiana statute. They've been placed in a state mental health institution and receive "competency restoration services."

The men argue they should be placed in the least restrictive environment appropriate for their continued care and rehabilitation. Thomas and Dausman claim the state's failure to do so violates their rights under state law and the U.S. Constitution.

Judges James S. Kirsch, Paul D. Mathias, and Patricia A. Riley will hear the case on appeal from Marion Superior Court.

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