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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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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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