Legal Opinion

A.A. v. Eskenazi Health/Midtown CMHC

Indiana Supreme Court

Decided May 17, 2018No. 49S02-1711-MH-688PublishedCited by 9 opinions

1Opinion of the Court

Rush, Chief Justice.

Involuntary civil commitment, no less than imprisonment, is a tremendous intrusion on personal liberty and autonomy. Individuals under commitment may be confined against their will, restrained, forcibly medicated, and even kept in seclusion.

A person at risk of commitment, whose very liberty is at stake, is therefore entitled to vigorous due process protections-including the right to appear in person at a proceeding. That right is codified in Indiana Code section 12-26-2-2(b), which also gives the trial court authority to waive the individual's presence if appearing at the…

2Cases cited22 opinions

  1. Arizona v. FulminanteSupreme Court of the United States · 1991
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Prewitt v. StateIndiana Supreme Court · 2007
  4. Cornelius Hines v. State of IndianaIndiana Supreme Court · 2015
  5. In the Matter of the Civil Commitment of T.K. v. Dep't of Veterans AffairsIndiana Supreme Court · 2015

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3Cited by9 opinions

  1. John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2019
  2. In the Matter of the Civil Commitment of A.M., A.M. v. Community Health Network, Inc.Indiana Court of Appeals · 2018
  3. Allison Campbell n/k/a Allison Lanthier and Kyle Lanthier v. Tara EaryIndiana Court of Appeals · 2019
  4. In the Matter of The Civil Commitment of: T.K. v. Eskenazi Health/Midtown CMHC (mem. dec.)Indiana Court of Appeals · 2019
  5. In the Matter of the Civil Commitment of L.S. v. Community Health Network, Inc. (mem. dec.)Indiana Court of Appeals · 2020

4 more not listed; retrieve them via the Exa API.

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