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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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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