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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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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