Judges find ruling denied mentally ill man's due process rights

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The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him because not dismissing the charges was a violation of his due process rights.

Alva Curtis, 58, has cerebral palsy and a seizure disorder. He has little education and is unable to do many basic household chores, according to court documents. He also suffers from dementia, which is getting worse.

He was living with a friend when Curtis allegedly yelled at his neighbor as the neighbor walked by. Authorities also alleged Curtis followed the man into the neighbor’s home, hit him with a wooden chair, and damaged property. Curtis was charged with residential entry, battery, and criminal mischief. He was released from jail nearly a month after the incident and ended up in a long-term, locked facility before being moved to a rehabilitation and nursing facility.

Two doctors conducted psychiatric examinations of Curtis and determined he was unable to understand the proceedings against him, assist his attorney, and would likely never be restored to competency. 

The trial court denied his motion to dismiss and refused to commit Curtis to the Indiana Department of Mental Health and Addictions based on the cost to the state. On interlocutory appeal, the appellate court overturned the denial in Alva Curtis v. State of Indiana, No. 49A02-0911-CR-1106.

The judges relied on State v. Davis, 898 N.E.2d 281, 285 (Ind. 2008), in finding Curtis’ due process rights had been violated. They rejected the state’s argument that Davis is distinguishable because Davis had been committed by the state and confined for longer than the maximum period of time that she could have served in prison.

The appellate court didn’t fault the trial court for not committing Curtis in order to save money, but that rationale doesn’t support the decision to deny dismissing the charging information. Although part of the Davis holding was premised on the defendant’s confinement, the appellate court also explained the mere act of holding criminal charges indefinitely over the head of someone who won’t ever be able to prove his innocence is a violation of due process rights, wrote Chief Judge John Baker.

The judges also quoted and joined Court of Appeals Judge Paul Mathias’ concerns written in a separate opinion in Habibzadah v. State, 904 N.E.2d 367, 369 (Ind. Ct. App. 2009), in which the judge observed the inadequacy of our current criminal justice procedures with regard to mentally ill defendants.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.