ILNews

Justices take commitment case involving man with Alzheimer’s disease

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court will take a case that divided the Court of Appeals: whether a trial court is required to have a man with Alzheimer’s disease committed once an incompetency finding is made.

On interlocutory appeal, judges Michael Barnes and John Baker affirmed the trial court’s decision to deny committing William Coats to the Department of Mental Health and Addiction. Coats was charged with Class D felony sexual battery against his granddaughter, and two doctors diagnosed him with dementia and found he won’t ever be restored to competency.

The majority held that it would be best for the trial court to follow statutory commitment procedures, but given Coats’ dementia and the finding he won’t be restored to competency, that the trial court’s decision was not an error. Judge Patricia Riley dissented, writing that the statutory scheme does not allow the trial court discretion over the statutory commitment procedures.

The case is State of Indiana v. William Coats, 49S02-1305-CR-328.

The justices also accepted Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire and Marine Insurance Co., d/b/a Zurich, 02S03-1305-CT-332; and Ernesto Roberto Ramirez v. State of Indiana, 45S05-1305-CR-331.

In Asklar, the Court of Appeals found the trial court erroneously applied Georgia law in a lawsuit brought by a truck driver injured in a collision in West Virginia because the trucking company that employed Derek Asklar was based in Georgia. But Indiana law applies because Asklar was driving a truck registered and principally garaged here.

In a not-for-publication decision in Ramirez, the Court of Appeals affirmed convictions of murder and Class D felony criminal gang activity. Ramirez claimed the trial court improperly denied his motion for a mistrial due to alleged jury misconduct and that his sentence for murder is inappropriate.

The justices denied transfer to 21 cases for the week ending May 10.

 

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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT