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. 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 ...