COA rules man is not guilty by reason of insanity

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Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.

In John R. Berry, IV v. State of Indiana, No. 49A04-1008-CR-536, John Berry IV appealed his conviction of Class A felony attempted murder following a bench trial. The charge stemmed from his attack on Tony Monday, who was at a house Berry and his father went to in order to help repair it. At the house, Berry picked up a hammer and began attacking Monday, telling Monday he was going to kill him. After the attack, Berry’s father noticed that Berry was staring off into space and seemed out of it.

Berry was a longtime alcoholic and was diagnosed in 1999 with bipolar disorder. He also sometimes suffers from seizures and hallucinations and becomes psychotic when withdrawing from alcohol.

The trial court found Berry was sane at the time of the attack, and his conduct and comments surrounding the attack showed he knew of the wrongful nature of his actions. The judge also concluded the psychotic symptoms he displayed were brought on by his voluntary abuse of alcohol rather than his bipolar disorder or other mental disease or defect. Berry drank heavily on the Saturday before the attack, which happened on a Monday.

In order to be found not responsible by reason of insanity at the time of the crime, Berry had to prove that he suffers from a mental disease or defect and the disease or defect rendered him unable to appreciate the wrongfulness of his conduct at the time of the offense. There’s no issue that Berry was suffering a mental disease or defect at the time of the attack, but questions arose as to whether he was intoxicated during the attack or whether the alcohol use caused his psychotic symptoms.  Judge Terry Crone pointed out that I.C. 35-41-3-6 on NRI requires only that a defendant suffer a mental disease or defect and doesn’t set forth any constraints regarding the source or cause of such disease or defect.

There was no evidence that Berry appeared or acted in an intoxicated manner at the time of the assault, so Indiana Code 35-41-2-5 is inapplicable, wrote Judge Crone. The state cited that statute to say that since Berry had voluntarily drank a few days earlier, intoxication can’t excuse his responsibility for the attack.

The COA then delved into Indiana caselaw dating back to 1878 that has held a defendant who manifests a mental disease or defect caused by prolonged and chronic alcohol abuse that renders him unable to distinguish right from wrong isn’t responsible for a crime committed while in that condition, what is now called “settled” insanity. There hasn’t been any caselaw exactly on point to this case, but the judges decided that Berry’s case falls squarely within the doctrine of settled insanity.

They also found that Berry wasn’t able to appreciate the wrongfulness of his conduct, the other requirement to be found NRI. His conduct showed he knew what he was doing when he attacked Monday, but the evidence doesn’t support a reasonable inference of sanity.

The appellate court remanded with instructions to enter a finding of NRI and for further proceedings required by statute, such as civil commitment proceedings.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues