Wednesday, September 16, 2009
Ind. Courts - Briefs for upcoming argument in Thomas v. FSSA
Here are the briefs for the upcoming oral argument in Thomas v. FSSA, set for 5:00 PM at the Wynne Courtroom at IU-Indy Law next Wednesday, Sept. 23rd.
- Appellants' brief
- Appellees' brief
- Motion to file footnote in reply brief under seal
- Reply brief with redacted footnote #1
Many thanks for making these documents available.
Statement of the issues from Appellants' brief:
1. Whether the trial court erred in determining that this case is not ripe for review, given that the agency policy presently at issue, wherein all criminal defendants in Indiana who are adjudicated to possess insufficient comprehension to stand trial pursuant to Indiana Code § 35‐36‐3‐1, et seq., are automatically and indefinitely placed in the restrictive environs of a state institution operated by the Division of Mental Health and Addiction for the provision of “competency restoration services,” has undisputedly been applied to the appellants and given that release planning and consideration for alternative placements is something that must be undertaken—and is undertaken for all other patients—beginning at the very outset of a patient’s institutionalization.
2. Whether the trial court erred in determining that it was prohibited from reaching the merits of the appellants’ claims by the separation‐of‐powers doctrine encapsulated in Article 3, Section 1 of the Indiana Constitution.
3. Whether the agency policy presently at issue—which is applied to incompetent criminal defendants regardless of the needs of the particular patient, regardless of the severity of the offense with which he or she has been charged, and regardless of the likelihood that the patient may ultimately gain competency — violates Indiana law and the Fourteenth Amendment to the United States Constitution.
Posted by Marcia Oddi on September 16, 2009 01:37 PM
Posted to Upcoming Oral Arguments