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Court split over denial to commit man with dementia

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Although the majority on the Indiana Court of Appeals acknowledged it would have been better for the trial court to follow the statutory commitment procedures instead of outright denying the state’s motion to commit, it affirmed the trial court’s conclusion.

William Coats was charged with Class D felony sexual battery against his granddaughter. He has Alzheimer’s disease and a competency investigation led to two doctors diagnosing him with dementia and finding he will never be restored to competency. The state wanted Coats committed to the Division of Mental Health and Addiction, but the trial court denied it.

The state argues that based on Indiana Code 35-36-3-1, the trial court is required to have Coats committed once an incompetency finding is made.

On interlocutory appeal in State of Indiana v. William Coats,49A02-1206-CR-526, Judges Michael Barnes and John Baker affirmed, citing Curtis v. State, 948 N.E.2d 1143 (Ind. 2011), and State v. J.S., 937 N.E.2d 831 (Ind. Ct. App. 2010).

“Although the better practice in most cases is to follow the statutory commitment procedures, given Coats’s progressive dementia and the trial court’s finding that he will not be restored to competency, the purposes of the competency restoration process cannot be met by following those procedures here. It is clear that Coats’s dementia will progress, and there simply is no hope nor medical reason to believe that competency will be restored,” Barnes wrote.

In her dissent, Judge Patricia Riley wrote that the statutory scheme does not allow the trial court discretion over the statutory commitment procedures.

“The trial court determines whether the defendant is incompetent in the first instance, but the statutory scheme entrusts the ultimate determination on competency to the superintendent, who has not only the skills to make such observations but also the time within which to do so,” she wrote.  

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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