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Court declines to review commitment cases differently

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The Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.

In The matter of the commitment of S.T. v. Community Hospital North, In-Patient Psychiatric Unit, No. 49A04-0910-CV-617, 23-year-old S.T., an Operation Iraqi Freedom veteran who uses a wheelchair, appealed her temporary involuntary commitment. Although the ordered up-to-90-day commitment has already passed, the appellate court addressed her appeal anyway.

S.T. tried to kill herself by overdosing on Tylenol. S.T suffered from post-traumatic stress disorder, a non-specific mood disorder, and attention deficit disorder. She also engaged in behavior associated with pica, an eating disorder in which people eat non-food items.

When staff tried to remove earrings from S.T.’s digestive tract, she ripped out her IVs and the procedure had to be stopped. She also was verbally abusive and threatening to staff members. After this, the trial court ordered the involuntary commitment.

The appellate court spent the majority of the opinion explaining why it would not reconsider the standard in which it reviews involuntary commitments, as S.T. urged.

S.T. argued for a de novo review, but the cases she cited don’t allow for the appellate court to usurp the trial court’s authority to weigh evidence and resolve factual disputes, or for the Court of Appeals to review sufficiency of evidence with no deference to the trial court, wrote Judge Melissa May.

“The determination of dangerousness under the involuntary commitment statute has always been a question of fact for the trial court to decide,” she wrote. “S.T. has not directed us to uncontroverted facts in the record that would change that determination into a question of law that we could review de novo.”

The appellate court also rejected the argument that a new standard should be adopted because the well-established one wasn’t being applied consistently. A review of 67 decisions over the last 25 years showed the opposite, noted the judge.

After explaining the standard in more detail, the appellate court affirmed S.T.’s commitment. Based on testimony from S.T. and the hospital, the court found three facts indicating she was a danger to herself: her behavior toward hospital staff due to her mental illness, her continued attitude of “hopelessness” about obtaining medication through Veterans Affairs, and the possibility of escalated risk of danger to herself as a result of pica.

Combining that with the fact she originally was admitted because of an overdose, she exhibited destructive and angry behavior while there and it was exacerbated by a nonspecific disorder and her PTSD, there was sufficient evidence to support her involuntary commitment for up to 90 days.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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