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Justices address incompetent defendants in 2 cases

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The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.

In Alva Curtis v. State of Indiana, No. 49S02-1010-CR-620, Alva Curtis appealed the denial of his September 2009 motion to dismiss and discharge under Indiana Criminal Rule 4(C). He was charged June 28, 2007, with residential entry, battery, and criminal mischief. Curtis has a developmental disability and is unable to read. He was held for 29 days and later released. His competency was evaluated, with doctors saying he would likely never be restored to competency. He was never committed to the Division of Mental Health and Addiction and the trial court never made a finding that he was unlikely to regain competency, although it stated he would never become competent.

On interlocutory appeal, the Indiana Court of Appeals found the pending criminal charges violated his right to due process and ordered the charging information dismissed. Curtis also raised constitutional speedy-trial claims in his appellate brief, but the COA didn’t address that claim or his Criminal Rule 4(C) issues.

The justices ruled Curtis forfeited his constitutional speedy-trial claims because he raised them for the first time on appeal, but they did find he is entitled to discharge under Criminal Rule 4(C) because he was held longer than one year on the charges after the justices took into account the delays attributable to Curtis.

The high court also addressed his due process argument and found the COA erred in ordering dismissal based on fundamental-fairness grounds. Using State v. Davis, 898 N.E.2d 281 (Ind. 2008), to support their decision, the justices noted that in the instant case, there was no proper finding that Curtis will never be restored to competency. Also, Curtis was never found to be incompetent under Indiana Code 35-36-3-1 nor has he been committed by the trial court.

“Those two facts alone take Curtis’s case outside the parameters of a due process violation,” wrote Justice Steven David.

In a companion opinion, Douglas Denzell v. State of Indiana, No. 49S02-1106-CR-340, the high court agreed with the COA that pending charges against Denzell do not violate his right to due process. Denzell, who suffers from paranoid schizophrenia, was charged with misdemeanors resisting law enforcement and public intoxication after refusing to leave a bar. He was found incompetent to stand trial and committed to the Division of Mental Health and Addiction, but was later sent to a hospital. In order to avoid trial, Denzell would stop taking his medication after he was considered restored to competency. The trial court later entered a commitment order.

Denzell wanted his charges dismissed, arguing he had already served the maximum imposable sentence for his charges. The trial court denied the motion. The justices noted that Denzell can be restored to competency but sabotages that process by not taking his medication.

“It would be counterintuitive to allow a defendant to assert a due process violation based on incompetency if the defendant himself purposely decompensated to avoid going to court” so he doesn’t have a viable fundamental-fairness argument, wrote Justice David.

As they noted in Curtis, the justices emphasized that there may be factual scenarios that differ from Davis and other relevant precedent that still fall within the parameters of a due process violation, but Denzell’s case is not one of them.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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