Judge: Courts failing on mental illness

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An Indiana Court of Appeals judge today lambastes the criminal justice system's efforts in dealing with defendants who may never be competent to stand trial, inviting more to be done by either the state's lawmakers or highest court.

"Our criminal justice system has a mechanism to deal with temporary incompetence as it pertains to criminal culpability, or scienter, but fails miserably when faced with the likely long-term or permanent mental illness of a criminal defendant," Judge Paul Mathias wrote in a concurring opinion in Ahmed Habibzadah v. State of Indiana, No. 49A04-0807-CR-400.

The judge's perspective came in a decision where the appellate panel unanimously agreed that Marion Superior Judge Tanya Walton-Pratt properly denied the defendant's motion to dismiss criminal charges based on findings that Ahmed Habibzadah was incompetent to stand trial.

Habibzadah faced attempted murder and aggravated battery charges for the November 2005 stabbing of his wife in the chest and head - records say he also stabbed himself in the stomach and sliced his neck. About two years after being charged, the man who'd been diagnosed with receptive expressive language disorder as a child was committed to the Indiana Department of Mental Health because of a determination that he didn't understand the criminal action against him and couldn't help in his own defense. Doctors informed the trial court that he would not regain competency anytime soon, and civil commitment proceedings began. Judge Pratt determined she didn't have the authority to dismiss the charges and that it would be premature to dismiss the case because of the possibility Habibzadah could become competent to stand trial.

Considering an Indiana Supreme Court decision that addressed a similar issue last year in State v. Davis, 898 N.E. 2d 281 (Ind. 2008), the appellate panel decided that Habibzadah's case doesn't warrant a dismissal despite precedent that a trial court has an inherent and statutory authority to dismiss charges when a prosecution might violate that person's constitutional due process rights.

Justices held it violated a person's fundamental fairness rights to hold criminal charges over the head of someone who isn't and may never be competent to stand trial.

"I concur in the majority's decision to affirm the trial court, but believe that our current criminal justice procedures are inadequate to consider and resolve issues presented by defendants suffering from long-term or permanent mental illness," Judge Mathias wrote, noting that the Davis decision doesn't go far enough.

That ruling requires that an incompetent defendant be civilly committed for the maximum sentence allowed under the crimes he or she is charged with, unless that person becomes competent to stand trial during the time period - meaning that person could be held for life if they never regain competency to be tried for the alleged crime.

"Our criminal justice system needs an earlier and intervening procedure to determine competency retroactively to the time of the alleged crime," he wrote. "Perhaps we as a society need to consider the concept of a defendant being unchargeable because of mental illness under Indiana Code section 35-41-3-6, and not just guilty but mentally ill under Indiana Code section 35-36-2-1... In either case, the commitment proceedings provided for in Indiana Code section 35-36-2-4 would both protect society and best care for the defendant involved."

Whether such a procedure is best ordered by Indiana Supreme Court rule making or through the General Assembly is left open for another day, he wrote.


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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...