ILNews

Committed defendant can be charged

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals reversed and remanded a pre-trial motion to dismiss a pending felony criminal recklessness charge against a defendant, ruling the length of time incompetent defendants are committed to a mental health institution does not allow for dismissal of charges.

In State of Indiana v. Charlene Davis, 49A02-0706-CR-545, the state argued the trial court did not have the legal authority to dismiss a Class D felony criminal recklessness charge against Davis. Davis was found to be incompetent to stand trial in May 2004 and was ordered to be committed to a Department of Mental Health psychiatric institution. Pursuant to Indiana Code 35-36-3-3(a), the superintendent of the state institution where the defendant is placed is required to certify to the trial court whether there is a substantial probability the defendant will become competent within the foreseeable future. The superintendent where Davis was placed wrote to the trial court Davis had not attained competency to stand trial and filed a petition for Davis' civil involuntary commitment. She was committed in September 2004 in Evansville.

In August 2005, Davis was evaluated again for competency to stand trial and still lacked competency. She was later transferred to Larue Carter Memorial Hospital; in March 2007, the chief medical officer at Larue Carter wrote to the trial court that in her opinion, Davis could not be restored to competency. As a result, Davis' counsel filed a motion to dismiss the felony charge because she had been involuntarily committed for longer than the maximum sentence for the charged crime. The trial court granted the motion to dismiss.

Judge L. Mark Bailey wrote the Indiana statutes for commitment during a criminal proceeding do not mention any procedure regarding pending criminal charges once a defendant is committed based on statute. The state argued this lack of statutory instruction does not allow the trial court to dismiss the charges over the state's objection.

Davis' counsel cited Jackson v. Indiana, 406 U.S. 715, 717 (1972) in allowing the trial court to dismiss the charge. The U.S. Supreme Court held in the case a defendant charged by a state with a criminal offense who is committed solely because of incapacity to proceed with the trial can't be held for more than "the reasonable period of time necessary to determine whether there is substantial probability that he will attain that capacity in the foreseeable future."

Davis' attorneys argued allowing charges to remain pending against a defendant who has been found incompetent violates due process, but the U.S. Supreme Court did not address that issue in Jackson, wrote Judge Bailey. Davis' charge was not dismissed because of due process; it was dismissed because she had been committed for longer than the maximum sentence for the crime.

The court found no authority for equating time in civil involuntary commitment to credit for time served for pending criminal charges.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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