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Thursday, October 27, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 1 NFP memorandum decision(s))

For publication opinions today (1):

In In the Matter of the Commitment of J.M., J.M. v. Northeastern Center, Inc., a 7-page opinion, Judge Najam writes:

J.M. appeals her involuntary mental health commitment. Though the issue raised on appeal is moot, we address J.M.’s argument because it is a matter of great public importance. On the merits of her argument, we hold that there was sufficient evidence to support her temporary commitment. As such, we affirm. * * *

J.M. appeals her involuntary commitment at Northeastern. However, we first acknowledge Northeastern’s response that, as J.M.’s ninety-day commitment has expired, her appeal is moot. * * *

J.M. asserts that Northeastern failed to demonstrate that she is dangerous under Indiana Code Section 12-26-2-5(e)(1). “Dangerous” as used in that statute “means a condition in which an individual as a result of a mental illness[] presents a substantial risk that the individual will harm the individual or others.” I.C. § 12-7-2-53. J.M. contends that the evidence on this issue is insufficient because

[a]t no point did any witness describe the actions that led up to J.M. being placed in restraints or why that option was selected by the staff at the Northeastern Center. . . . There was no discussion of any actions of violence or threats of violence or any other actions that might result in harm to J.M. or others.
Appellant’s Br. at 9.

We cannot agree with J.M.’s assessment of the record. A reasonable fact-finder could conclude from Dr. Carder’s testimony that J.M., as a result of her mental illness, presented a substantial risk of harm to herself or others.

NFP civil decisions today (0):

NFP criminal decisions today (1):

Kenneth D. Alvies v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 27, 2016 11:29 AM
Posted to Ind. App.Ct. Decisions