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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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