ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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