ILNews

Mental-health facility report not same as charging instrument

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The due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.

In Commitment of A.L., No. 49A02-1001-MH-76, A.L., whom the appellate court noted may have already been released from detention, challenged the trial court’s order of temporary commitment. She argued the trial court committed fundamental error by letting Wishard Health Services, Midtown Health Center state one ground for involuntary commitment in a pre-hearing report following emergency detention and then state an additional ground for commitment at her final hearing. She also claimed the order wasn’t supported by clear and convincing evidence.

A.L. was taken to Wishard from the Statehouse after asking officials to help her get access to “child papers and wills” in Monticello, Ind. She was admitted based on emergency detention. She was later committed after a hearing for a period of no more than 90 days.

Wishard cited severe disability as the reason for involuntary commitment in the physician’s report but then also listed dangerousness at her hearing. A.L. believed that Wishard had to give her pre-hearing notice of every ground that supported its request for temporary involuntary commitment. She didn’t object to the “dangerous” claim at the hearing, but she claims it was a fundamental error that the court can review on appeal.

A.L. compared the report to a charging instrument in a criminal case and claimed there was a “fatal or material variance” between the report and the evidence presented at trial. But the judges rejected her argument because she cited no authority to support her position and because the charging instrument serves a different purpose than the report filed in the instant case.

The charging instrument gives a defendant notice of the crime she’s charged with so she can prepare a defense; the report is to inform the trial court that a mental-health facility has examined the detainee and whether she is mentally ill and either dangerous or gravely disabled and requires continuing care, wrote Senior Judge Betty Barteau. In addition, A.L. was represented by counsel at her hearing.

“After considering these factors, we conclude that any error in the trial court’s admission of evidence or consideration of Wishard’s argument as to A.L.’s dangerousness was not a blatant violation of our concepts of fundamental fairness and did not cause substantial and apparent harm to A.L.,” she wrote.

Even if they didn’t consider whether A.L. was dangerous, the appellate judges also found sufficient evidence to support the order because Wishard proved by clear and convincing evidence that she was gravely disabled.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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