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Commitment statute not unconstitutional as applied to man with brain injury

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A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.

The state charged Leedy, who was driving, with four felony counts of operating while intoxicated stemming from the accident. He suffered a brain injury and was comatose for about a month. He underwent mental evaluations with a court-appointed psychiatrist and clinical psychologist, who split over whether Leedy could be returned to competency.

Representatives of the DMHA testified that Logansport State Hospital, which houses those with mental illness and disability awaiting trial, could provide services for Leedy. Any services the hospital couldn’t provide would be outsourced. DMHA’s chief counsel referenced the agency’s funding constraints on outpatient restorative services and that the agency would work to place Leedy wherever his specific needs could be best met.

Leedy, who has been staying with his mother during this litigation, argued that the commitment statute was unconstitutional as applied to him because I.C. 35-36-3-1 is specifically geared toward those with mental illness or disabilities.

“Leedy’s due process arguments are based on speculation concerning both DMHA’s ability to provide him with the necessary therapeutic services and his own cognitive responses to those services. Essentially, he has asked us to reweigh evidence and make a conclusion that the legislature has specifically delegated to experts in the field of mental competency, a determination that is made after a period of providing services and evaluating the patient/accused,” Judge Terry Crone wrote. “This is precisely why the General Assembly outlined such specific procedures, recognizing the delicate balance that exists between the fundamental fairness owed to the accused and the interests of both the public and the accused in the prompt disposition of criminal charges.”

The judges found the commitment statute is not unconstitutional as applied to Leedy and affirmed the commitment order. Judge Michael Barnes wrote separately to highlight what he called inadequacies in the state’s mental health system.

“All agree that the Larue Center in Indianapolis is better-suited to handle the specific type of brain injuries Leedy sustained. I would respectfully, but strongly, suggest that DMHA focus on securing the best and most appropriate treatment for Leedy—wherever that might be. Without providing the best possible services for competency treatment, evaluation, and restoration (if possible), DMHA and the State would possibly be delaying ultimate resolution of this case at the expense of Leedy, his family, the victims, and families of the victims of Leedy’s alleged crimes,” he wrote.

The case is Evan Leedy v. State of Indiana, 49A04-1303-CR-102.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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