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COA finds mentally ill man was aware actions were wrong

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The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.

In Luke Keys Carson v. State of Indiana, No. 29A04-1106-CR-278, Luke Keys Carson appealed his sentence for two counts of battery by means of a deadly weapon, burglary and resisting law enforcement. At trial, a jury found the man to be guilty but mentally ill, and not guilty of two counts of attempted murder.

In April 2009, Carson entered the unlocked trailer of a neighbor in a mobile home park, holding a black Bible and sheets of paper. The woman – Angelina Zuniga – spoke little English and did not understand what he was saying to her. After standing inside her trailer for a few minutes, Carson said “never mind” and left. When he returned later, Zuniga opened the door to ask him what he wanted, and he cut her hand with a knife. Zuniga and a friend forced the door shut, as Carson tried to force the door open from the outside.

That same morning, Carson got into a fight with Jorge Hernandez. Carson kept inching closer to Hernandez, asking him if he was “Richard,” and when Hernandez pushed him away, a fight ensued. Hernandez felt something “poking” him in the abdomen. He pulled Carson’s jacket up over the man’s head and saw that Carson had a knife. Hernandez ran and Carson threw the knife at him. After Hernandez saw Carson no longer had the knife, he returned, and the two began fighting again.

A police officer arrived, and Hernandez and Carson voluntarily stopped fighting. Hernandez pointed at Carson, who had retrieved his knife, and Carson fled. The officer told Carson to drop the knife or he would shoot, and while Carson dropped the knife, he continued to run until he tripped on gravel and fell. When another police officer arrived to assist, Carson asked for an attorney.

Two doctors performed a psychological evaluation on Carson in May 2009. They both concluded Carson had a psychiatric disorder that substantially disturbed his thinking and rendered him incompetent to stand trial. However, due to Carson’s confused state, they were not able to determine whether Carson could appreciate the wrongfulness of his actions at the time he committed them.

A competency hearing found Carson was not competent to stand trial, and he was committed to Logansport State Mental Hospital. On Oct. 25, 2010, Logansport filed a report notifying the court that Carson was competent to stand trial.

The COA agreed that while Carson’s demeanor showed that he was mentally ill, statements he made at the time of his arrest indicated he was aware of the wrongfulness of his actions. He apologized, and he made comments that his actions were “stupid.”

Carson argued that his burglary conviction was not supported by evidence. But the COA wrote that Indiana Code 35-43-2-1 provides that a person who breaks and enters a dwelling of another person with intent to commit a felony in it commits Class B felony burglary. In statements to police, Carson said he had gone into Zuniga’s trailer to kill a baby but could not do it. That statement shows that he was able to appreciate the wrongfulness of the intent to commit murder, even though there was no baby in Zuniga’s home.



 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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