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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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