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Judges find ruling denied mentally ill man's due process rights

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The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him because not dismissing the charges was a violation of his due process rights.

Alva Curtis, 58, has cerebral palsy and a seizure disorder. He has little education and is unable to do many basic household chores, according to court documents. He also suffers from dementia, which is getting worse.

He was living with a friend when Curtis allegedly yelled at his neighbor as the neighbor walked by. Authorities also alleged Curtis followed the man into the neighbor’s home, hit him with a wooden chair, and damaged property. Curtis was charged with residential entry, battery, and criminal mischief. He was released from jail nearly a month after the incident and ended up in a long-term, locked facility before being moved to a rehabilitation and nursing facility.

Two doctors conducted psychiatric examinations of Curtis and determined he was unable to understand the proceedings against him, assist his attorney, and would likely never be restored to competency. 

The trial court denied his motion to dismiss and refused to commit Curtis to the Indiana Department of Mental Health and Addictions based on the cost to the state. On interlocutory appeal, the appellate court overturned the denial in Alva Curtis v. State of Indiana, No. 49A02-0911-CR-1106.

The judges relied on State v. Davis, 898 N.E.2d 281, 285 (Ind. 2008), in finding Curtis’ due process rights had been violated. They rejected the state’s argument that Davis is distinguishable because Davis had been committed by the state and confined for longer than the maximum period of time that she could have served in prison.

The appellate court didn’t fault the trial court for not committing Curtis in order to save money, but that rationale doesn’t support the decision to deny dismissing the charging information. Although part of the Davis holding was premised on the defendant’s confinement, the appellate court also explained the mere act of holding criminal charges indefinitely over the head of someone who won’t ever be able to prove his innocence is a violation of due process rights, wrote Chief Judge John Baker.

The judges also quoted and joined Court of Appeals Judge Paul Mathias’ concerns written in a separate opinion in Habibzadah v. State, 904 N.E.2d 367, 369 (Ind. Ct. App. 2009), in which the judge observed the inadequacy of our current criminal justice procedures with regard to mentally ill defendants.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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