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Indiana Court of Appeals
Marco Antono Perez, II v. State of Indiana
No. 25A-CR-2377

Criminal. Appeal from the Vermillion Circuit Court, Judge Chris A. Wrede. Reverses and remands. Holds the trial court abused its discretion by ordering Perez to serve the entirety of his previously suspended sentence based on two technical probation violations — failing to attend scheduled appointments — given his otherwise successful compliance, lack of new offenses and mitigating circumstances; the court concludes the sanction was disproportionate and that lesser sanctions should be considered. Chief Judge Tavitas authored the opinion. Judges Weissmann and Foley concur. Appellant’s attorney: Aaron J. Spolarich, Bennett Boehning & Clary LLP, Lafayette, Indiana. Appellee’s attorneys: Office of the Indiana Attorney General.

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Indiana Court of Appeals
Civil Commitment of L.F. v. Sandra Eskenazi Mental Health Center
26A-MH-658

Mental health. Appeal from the Marion Superior Court, Judge David J. Certo. Affirms temporary commitment of L.F. for up to 90 days, finding sufficient evidence to support both the commitment and a treatment plan requiring medication over her objection. Police took L.F., who has schizophrenia, to Eskenazi after finding her standing in traffic. While hospitalized, she exhibited delusions, assaulted another patient and resisted medication. On appeal, L.F. argued the commitment was inappropriate because it allowed forced medication without sufficient evidence under In re Mental Commitment of M.P. The Court of Appeals held the record showed that an individualized assessment found that the medication (Abilify) would substantially benefit her condition, that the benefits outweighed risks and her concerns, and that alternative treatments were considered and rejected. The court found clear and convincing evidence supported overriding her refusal of medication and the commitment order. Judge Weissmann authored the opinion. Judges Brown and Foley concurred. Appellant’s attorney: Sarah Medlin, Marion County Public Defender Agency, Indianapolis. Appellee’s attorneys: Bryan H. Babb and Seema R. Shah, Bose McKinney & Evans LLP.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.