WHATS ON YOUR MIND TODAY?

Todays “READERS POLL” question is: If the election was held today for Governor of Indiana who you vote for?

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They met for a graduation ceremony at the American Red Cross on Stockwell Road.

It was standing room only as the graduates earned their badges.

One of them, Mathew Mastison, has firefighting in his blood.

His father and grandfather also were firefighters, and in fact Mathew’s father placed his badge on his uniform.

Mastison had family from as far away as Indianapolis there for his swearing in.

COA Affirms Woman’s Involuntary Commitment Despite Moot Appeal

Olivia Covington for www.theindianalawyer.com

Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.

After Dr. Lynnea T. Carder, a mental health professional, testified in August 2015 that J.M. had been diagnosed with schizoaffective disorder, refused to take medicine and had acted belligerently toward the staff of Northeastern Center Inc. and her family, the Steuben Superior Court found that J.M. was gravely disabled by a severe mental illness and ordered that she be committed for no more than 90 days at Northeastern.

J.M. appealed her involuntary commitment, but did so after the 90-day commitment had expired, making her case moot. However, in a Thursday opinion, a panel of the Indiana Court of Appeals wrote that J.M.’s case was one of “great public importance” and, thus, could be addressed on the merits.

In her appeal, J.M. argued that Northeastern failed to present sufficient evidence to support her involuntary commitment by failing to prove that she is dangerous, as is required for involuntary commitment under Indiana statute. The term “dangerous” is defined under the statute as “a condition in which an individual as a result of mental illness presents a substantial risk that the individual will harm the individual or others.”

Because there had been no discussion in court of J.M. making any threats or violent actions, she argued that Northeastern had not proven that she was “dangerous.”

But the Court of Appeals disagreed, writing that Carder’s testimony could cause a reasonable fact-finder to believe that J.M. presented a substantial risk to herself and to other because of her mental illness. Specifically, Carder had testified that J.M. had acted delusional and hallucinatory, had made threats to her family and that her family was scared of J.M. Further, the doctor testified that her patient had made threats to the Northeastern staff.

Thus, the Court of Appeals wrote that the evidence supported J.M.’s involuntary commitment.  The case is In The Matter of the Commitment of J.M., J.M. v. Northeastern Center, Inc., 76A05-1509-MH-1477,

Voter Group Wants Documents Unsealed In Indiana Search

Provided by Indiana Lawyer

A voter mobilization facing an investigation into possible voter registration fraud asked a court Thursday to unseal documents from an Indiana State Police search of its offices, saying it “has been publicly demonized by the highest state officials in Indiana.”

Patriot Majority USA’s attorneys asked a judge to either unseal a search warrant affidavit in the Oct. 4 search of its Indianapolis offices or hold an immediate hearing on its request.

State Police announced Sept. 15 that it had begun investigating in August whether some voter registration applications submitted by Patriot Majority contained elements of fraud, including possible forged signatures. Patriot Majority has said some applications it submitted to county clerk’s offices were missing information, but none were fraudulent, and the group had flagged applications it knew were incomplete.

In its motion filed in Marion County Superior Court, Patriot Majority cites comments by Gov. Mike Pence, who’s Republican presidential nominee Donald Trump’s running mate; Republican Secretary of State Connie Lawson; Pence-appointed State Police Superintendent Doug Carter, among others.

“It would be highly unjust to not release the Affidavit when public officials have refused to provide the facts supporting their reckless conclusory proclamations,” the motion states.

The issue has been highly politicized, with Trump and Pence raising the possibility of a “rigged” election without offering proof. Attorneys for Patriot Majority have asked the U.S. Department of Justice’s Civil Rights division to look into whether the State Police investigation is an attempt to suppress the votes of black residents.

Pence spokesman Matt Lloyd declined to comment Thursday and referred to a statement issued Wednesday by Marion County Prosecutor Terry Curry in which Curry asked State Police to “release no further information” on its pending investigation. Curry, a Democrat, appeared to chastise both state officials and Patriot Majority for comments they had made.

“Accusations of fraud or other intentional acts prior to the conclusion of a thorough review by law enforcement and a prosecutor are premature and contrary to the foundational principle of presumed innocence until and unless proven guilty,” Curry said.

“Likewise, reckless assertions by third parties of voter suppression and intimidation are without merit,” he added.

State Police spokesman Capt. Dave Bursten said the agency cannot comment on pending litigation. Lawson’s spokeswoman, Valerie Warycha, also declined comment.

Patriot Majority has said the police search effectively shut down their voter registration efforts a week before Indiana’s voter registration deadline after the group had collected about 45,000 voter registration applications, mostly from black residents. The State Police investigation spans 56 counties.

Linda Pence, an Indianapolis attorney who represents Patriot Majority, said Thursday’s motion “speaks for itself.”

“We hope and expect that this matter will now be handled in a nonpartisan and professional manner moving forward,” she said.

Dear Friend,

Halloween is right around the corner, and while it’s great to have fun with friends and family, we also need to remember to be cautious and stay safe.

Please remind your children of a few tips before they head out trick-or-treating:

• Avoid trick-or-treating alone and always walk in groups or with a trusted adult;
• Eat only factory-wrapped treats and do not eat anything homemade from strangers;
• Look both ways before crossing the street;
• Walk, don’t run from house to house;
• Carry a flashlight to help you see and to help others see you; and
• Only visit well-lit homes and never enter a home without a parent’s permission.

If you’ll be driving on the road, please use extra care and be mindful of the increased pedestrian traffic. For more trick-or-treating safety tips, click here.

I hope you all have a fun, safe and enjoyable time. Happy Halloween!

Sincerely,

State Rep. Wendy McNamara