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Indiana Court of Appeals
In re Commitment of P.P. v. Community Fairbanks Behavioral Health
No. 25A-MH-1592

Mental Health. Appeal from the Marion Superior Court, Magistrate Sarah Glasser. Reverses and remands. Reverses the trial court’s order of involuntary regular commitment and remands for further proceedings not inconsistent with the opinion. Holds that P.P.’s due process rights were violated when Community Fairbanks Behavioral Health petitioned for a temporary commitment but, during the commitment hearing, pivoted to request and obtained a regular commitment without prior notice. Concludes that the mid-hearing shift deprived P.P. of adequate notice of the nature and purpose of the proceeding, including the potential for an indefinite loss of liberty, as required by Indiana Code § 12-26-2-2 and the Due Process Clause. Further holds the trial court lacked statutory authority to order a regular commitment because the Hospital neither filed a petition meeting the requirements for a regular commitment under Indiana Code § 12-26-7-3 nor proceeded through the statutory mechanism for transitioning from a temporary to a regular commitment under Indiana Code § 12-26-6-11 and § 12-26-7-4. Although P.P. did not challenge the findings that she was mentally ill, gravely disabled, and dangerous, the regular commitment order is void due to the procedural defects. Appellant’s attorneys: Joel M. Schumm; Brian Leon. Appellee’s attorneys: Jenny R. Buchheit; Abby V. DeMare; Rani B. Amani. This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Supreme Court
Anthony Wayne Carter v. State of Indiana
No. 25S-LW-50

Criminal. Appeal from the Bartholomew Superior Court, Judge James D. Worton. Affirms Carter’s murder conviction and sentence of life imprisonment without parole. Holds the trial court did not abuse its discretion by declining to give a proposed lesser-included jury instruction on reckless homicide because there was no serious evidentiary dispute regarding Carter’s intent; Carter conceded he intentionally hastened the victim’s death by asphyxiation, which was an actual and proximate cause of death even if the gunshot wound was potentially fatal. Further holds sufficient evidence supported the jury’s finding of the statutory torture aggravator under Indiana Code § 35-50-2-9(b)(11), based on evidence that Carter intentionally prolonged and amplified the victim’s suffering through shooting, strangulation, and methodical suffocation with a plastic bag and duct tape. Concludes the jury reasonably found the aggravators outweighed any mitigating circumstances and properly recommended life without parole. Appellant’s attorney: R. Patrick Magrath. Appellee’s attorneys: Office of the Indiana Attorney General. This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.