Donald Anderson, Jr. v. State of Indiana

I concur with the majority’s conclusion that the evidence is sufficient to support Anderson’s conviction for Class B misdemeanor battery by bodily waste. However, I write separately to express my ongoing concern that Indiana’s criminal justice system continues to turn a blind eye to individuals suffering from mental illness who would be better served by commitment to a mental health treatment facility instead of incarceration in a local jail or the Department of Correction.

There is a “large and ironic lapse in the logic of our criminal justice system,” in which the “initial imperative is to…