Legal Opinion

Curtis v. State

Indiana Supreme Court

Decided June 14, 2011No. 49S02-1010-CR-620PublishedCited by 94 opinions

1Opinion of the Court

DAVID, Justice.

We hold that pending criminal charges do not violate a defendant’s right to due process if (1) the trial court has not involuntarily committed the defendant and (2) the trial court has not made an appropriate finding that the defendant will never be restored to competency. We also hold that, under the facts of this case, the defendant has forfeited his constitutional speedy-trial claims but that the trial court should have granted the defendant’s motion to dismiss and discharge under Indiana Criminal Rule 4(C).

Facts and Procedural History

Alva Curtis is a fifty-nine-year-old man…

2Cases cited21 opinions

  1. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  2. James v. StateIndiana Supreme Court · 1993
  3. Isaacs v. StateIndiana Supreme Court · 1996
  4. Cook v. StateIndiana Supreme Court · 2004
  5. State v. DavisIndiana Supreme Court · 2008

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

3Cited by94 opinions

  1. Patrick Austin v. State of IndianaIndiana Supreme Court · 2013
  2. William Bowman v. State of IndianaIndiana Supreme Court · 2016
  3. Mickey Cundiff v. State of IndianaIndiana Supreme Court · 2012
  4. Bret Lee Sisson v. State of IndianaIndiana Court of Appeals · 2012
  5. Winston K. Wood v. State of IndianaIndiana Court of Appeals · 2013

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API