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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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