Legal Opinion
State v. Davis
Indiana Supreme Court
Decided December 18, 2008No. 49S02-0812-CR-657PublishedCited by 40 opinions
1Opinion of the Court
RUCKER, Justice.
Today we examine the question of whether it is a violation of fundamental fairness to hold criminal charges over the head of an incompetent defendant who will never be able to stand trial. The answer in this case is yes.
Facts and Procedural History
Convinced her savings account was still active and contained a balance of over $300, Charlene Davis walked into a branch of Bank One on February 21, 2004, demanding a withdrawal. Becoming upset when told her account was closed, Davis produced a knife and began waiving it in the air. Bank employees activated a silent alarm and police…
2Cases cited19 opinions
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Drope v. MissouriSupreme Court of the United States · 1975
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Jackson v. IndianaSupreme Court of the United States · 1972
14 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Curtis v. StateIndiana Supreme Court · 2011
- State v. PollardIndiana Supreme Court · 2009
- An-Hung Yao and Yu-Ting Lin v. State of IndianaIndiana Supreme Court · 2012
- Sharris v. CommonwealthMassachusetts Supreme Judicial Court · 2018
- Faris v. StateIndiana Court of Appeals · 2009
35 more not listed; retrieve them via the Exa API.