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STATE v. DAVIS

No. 49S02-0812-CR-657.

898 N.E.2d 281 (2008)

STATE of Indiana, Appellant (Plaintiff below), v. Charlene DAVIS, Appellee (Defendant below).

Supreme Court of Indiana.

December 18, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Anna E. Onaitis, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellee.

Gavin M. Rose, Kenneth J. Falk, ACLU of Indiana, Indianapolis, IN, Attorneys for Amicus Curiae.

On Petition To Transfer from the Indiana Court of Appeals, No. 49A02-0706-CR-545.

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...

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