Committed woman's charge must be dismissed

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. 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?)

  3. 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.

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

  5. 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.