ILNews

Committed woman's charge must be dismissed

Back to TopCommentsE-mailPrintBookmark and Share

Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.

In State of Indiana v. Charlene Davis, No. 49S02-0812-CR-657, Charlene Davis was arrested and charged with criminal recklessness after she entered a bank with a knife demanding money from an account that had been closed. She was evaluated for competency and the two court-appointed psychiatrists found she wasn't competent to stand trial. As a result, the trial court ordered Davis committed to the Division of Mental Health and Addiction in an appropriate psychiatric institution. She stayed in institutions in Evansville and Indianapolis for more than three years. The hospitals found a high probability Davis may never become competent to help her legal counsel for trial.

In March 2007, Davis' counsel filed a motion to dismiss the charges, arguing her hospitalization was like incarceration and she had already accrued more days than the maximum possible confinement she could receive if convicted. The trial court granted the motion; the Court of Appeals reversed.

The Indiana Supreme Court looked to Jackson v. Indiana, 406 U.S. 715 (1972), which ruled when there is no substantial probability a defendant will ever be restored to competency, he or she must be released or the state must institute civil commitment proceedings to commit the person indefinitely. But the nation's highest court declined to address the issue presented in the instant case: whether or not to dismiss the charges against Jackson. Now, four decades later, that is the issue Indiana's Supreme Court must decide.

Indiana has no relevant precedent on the question of whether there is an inherent denial of due process in holding pending criminal charges indefinitely over the head of someone who won't be able to prove his or her innocence, wrote Justice Robert Rucker.

In Indiana, a person may be committed civilly if the state thinks it is necessary to protect the public and the mentally ill person and requires a finding the person is dangerous or gravely disabled. Justification of committing someone accused of a crime is to restore him or her to competency to stand trial. But in this case, competency isn't possible, the justice wrote. At this point, even if Davis were to become competent and convicted, she would be immune from further commitment because of the credit she would receive while being committed in the hospitals.

"In essence even though a civilly committed patient can be released if she is no longer dangerous or gravely disabled, the statute says nothing about whether the patient is eligible for release where the original commitment order was based on incompetency to stand trial," he wrote.

In this case, the state doesn't make a claim as to why it would be important to have Davis stand trial now even though she couldn't be sentenced to prison, nor is there any substantial public interest to be served by determining her guilt or innocence. As a result, it's a violation of basic notions of fundamental fairness as embodied in the 14th Amendment to hold criminal charges over the head of Davis, the Supreme Court ruled.

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT