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Judges uphold OWI conviction

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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.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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