ILNews

Committed defendant can be charged

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT