The Indiana Court of Appeals will hear oral argument in Thomas and Dausman v. Murphy and Boggs on Wednesday, September 23rd at 5 p.m. in the Wynne Courtroom of IU School of Law-Indianapolis.  A panel of Judge Patricia A. Riley, Judge James S. Kirsch, and Judge Paul D. Mathias will hear the case on appeal from Marion County Superior Court.

The case involves the convictions of Steven Thomas and Derrick Dausman on the charges of child molestation.  Thomas and Dausman have each been found to possess insufficient comprehension to stand trial under Indiana statute.  Their developmental disabilities have led them to be placed in an Indiana state mental health institution where each continues to receive “competency restoration services”.  On appeal, Thomas and Dausman contend that each man be placed in the least restrictive environment appropriate for his continued care and rehabilitation under Indiana statute. They claim that the State’s failure to do so constitutes a violation of each man’s rights under Indiana law and the United States Constitution. Arguing for the appellant, Thomas and Dausman, will be Gavin M. Rose, and arguing for the appellee, Murphy and Boggs, will be David A. Arthur.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.  The Court has heard more than 250 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.