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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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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