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Man’s guilty but mentally ill conviction upheld

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The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.

Gore, who is schizophrenic, has a history of mental health issues. He had been hospitalized at least five times by his family due to mental health reasons. In May 2010, Gore called high school friend John Davis Jr. to pick him up. Davis and his girlfriend, Melissa Maida, drove Gore around to look for marijuana. They noted that he was dressed all in black and warmly for the weather, but did not seem agitated. As Maida drove down the road, Gore shot Davis multiple times and shot Maida in the leg. He jumped out of the car, and police caught him a few blocks away. Davis died from his injuries.

Gore was initially not found competent to stand trial, but was restored to competency. At his trial, four experts testified. The jury concluded he was guilty but mentally ill.

“The testimony did not, as Gore asserts, reflect that three experts found Gore insane and one expert provided no opinion. On the contrary, it showed Dr. Calloway applied an incorrect standard, Dr. Miller testified Gore’s ability to appreciate wrongfulness “might” have been affected by his mental illness, Dr. Caruana testified Gore was not insane, and Dr. Prasad testified Gore was insane based on his interviews with Gore’s mother and cousin. The disagreement among the experts as to whether Gore was insane at the time of his offense amounts to an evidentiary conflict,” Judge Melissa May wrote in Jamal Ahmad Gore v. State of Indiana, 45A03-1305-CR-163. “This is not a case of consistent testimony leading only to the conclusion Gore was insane. Therefore, Gore is essentially asking that we reweigh the evidence, which we cannot do.”
 
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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