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Judge: fundamental error rule doesn't apply to civil cases

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An Indiana Court of Appeals judge disagreed with the decision of his fellow panel members to allow a man committed to a psychiatric unit to argue the trial court committed fundamental error by not issuing an order scheduling a hearing within three days of receiving the petition for involuntary commitment.

M.E., a military veteran who suffers from chronic illness and has a history of involuntary commitments, displayed behaviors that led to his admittance to the inpatient psychiatric unit of the VA Medical Center in Indianapolis. Six days later, a petition was filed to involuntarily commit him for at least 90 days; seven days later, the trial court appointed counsel for M.E. and set a hearing on the petition for the following week. M.E. was ordered to be committed at the hearing.

M.E. didn’t object at trial on any of the bases he asserted as error on appeal, so the majority reviewed his appeal to determine if M.E. established the trial court committed fundamental error. M.E. argued his rights were violated by the trial court when it didn’t issue an order scheduling a hearing within three days of its receipt of the petition to involuntarily commitment him and by not making a timely determination that M.E.’s prehearing detention was supported by probable cause.

Judges Paul Mathias and Terry Crone ruled M.E. did not establish fundamental error and upheld the trial court’s order of regular commitment in In the Matter of Commitment of M.E. v. V.A. Medical Center, No. 49A04-1102-MH-63.

Judge L. Mark Bailey concurred in result, but disagreed with the majority’s decision to allow M.E. to argue fundamental error so as to avoid procedural default.

“I acknowledge that a civil commitment is a significant deprivation of liberty and that this Court has, in the past, entertained an appellant’s argument that a civil commitment is analogous to a criminal trial,” he wrote. “I, however, do not feel at liberty to take the approach of applying the fundamental error rule to civil judgments.”

Bailey pointed out that the Indiana Supreme Court has not embraced the idea and he disagrees with undertaking a fundamental error analysis where waiver would suffice.
 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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