ILNews

Judges uphold OWI conviction

Back to TopCommentsE-mailPrintBookmark and Share

Even though a man who was temporarily found incompetent was detained in a facility for a period longer than his sentence would have been if he was convicted of Class A misdemeanor operating while intoxicated, the Indiana Court of Appeals upheld the denial of his motion to dismiss the charge. The appellate court held the state had a substantial interest in pursuing the conviction because the man’s license would be suspended if convicted.

Darren Matlock was convicted of Class A misdemeanor operating a vehicle while intoxicated. While the charge was pending, he was found to be incompetent to stand trial and was transferred to the custody of the Richmond State Hospital. Matlock’s attorney filed a motion to dismiss the charges arguing that Matlock had been in custody for a period beyond the maximum sentence he could receive if convicted. Shortly after the motion was filed, Matlock had regained competency and was released.

The motion was denied and he was found guilty. The trial court sentenced him to time served and ordered a 180-day suspension of his driver’s license.

In Darren Matlock v. State of Indiana, No. 49A02-1006-CR-609, the judges relied on State v. Davis, 898 N.E.2d 281, 285 (Ind. 2008), to uphold the denial of the motion to dismiss, citing a part of that opinion in which the Indiana Supreme Court justices noted there could be a number of instances in which the state would have a legitimate interest in determining someone’s guilt or innocence even though that person was found incompetent to stand trial and had been detained for longer than she could be if convicted. The justices gave the examples of requiring registration as a sex offender or to prove status as a habitual traffic offender.

In Davis, the justices dismissed the felony offense against a woman who the court found would never regain competency to stand trial. She had been confined to a state hospital longer than the maximum period of time she could have been sentenced for the offense, so the justices found this violated her Due Process rights. They also noted the state didn’t prove that its interests outweighed Davis’ substantial liberty interest.  

Many criminal convictions have collateral consequences aside from incarceration, including impacting voting rights. But the judges declined to recognize that any potential collateral consequence is sufficient to allow the state to proceed with prosecution of a long-term incompetent individual who had already been detained in excess of the maximum sentence for the particular crime.

“We are reluctant to recognize such a rule, and believe that the ‘substantial interests’ alleged by the State to allow an exception to Davis must be interests directly related to the particular nature of the offense with which the accused is charged,” Judge Michael Barnes wrote.

In Matlock’s case, an OWI conviction requires the suspension of the defendant’s driver’s license for a period of time. His conviction could also form the basis of a habitual substance offender sentence enhancement in the future or enhance a future OWI conviction to a Class D felony, wrote the judge.

“… where the possibility exists that a defendant accused of OWI may at some point in the future regain competency and be released back into society, which release also may include the defendant driving, the State may pursue an OWI conviction even if the defendant’s incompetency caused he or she to be detained for a period in excess of the maximum possible sentence for OWI. Here, Matlock’s incompetency never was alleged to be, and in fact was not, permanent. As such, the State was not precluded from pursuing an OWI conviction against Matlock,” he wrote.

The judges also affirmed there was sufficient evidence to convict Matlock.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT