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Justices to review denial of shooter's insanity defense

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The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.

Donald Myers was convicted of firing on multiple motorists and police officers along U.S. 20 in Steuben County. Police shot Myers after he continued to brandish a shotgun, and he fled into woods where he was flushed out after an hours-long standoff in April 2004.

But the Indiana Court of Appeals in a memorandum decision held that the trial court abused its discretion by denying Myers’ insanity defense, holding that “in the absence of any admissible evidence of probative value that even inferred sanity at the time of the crimes, the jury clearly erred in rejecting Myers’s insanity defense.”

The trial court also abused its authority in admitting evidence of Myers’ refusal to speak with police and his request for counsel to support a showing of sanity, the COA held. Multiple evaluations found Myers incompetent, and he was committed to the Logansport State Hospital.

He was transferred to Richmond State Hospital in 2012, where he was found to have regained competency, at which he was found guilty but mentally ill. The case is Donald William Myers, III v. State of Indiana,  76S03-1407-CR-493.

Justices also agreed to hear an insurance dispute following a fire that destroyed the office of a dentistry practice. The office was left with damages of more than $500,000 over what policy limits provided.

A trial judge granted summary judgment in favor of the insurer, finding the insurer had explained the policy’s limits. A panel of the Court of Appeals reversed, holding that the insurer had a special duty to advise the office about coverage and ensure the office was fully covered based on the longstanding business relationship between the practice and the insurance company.

The case is Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc., 49S05-1407-PL-491.

The Indiana Supreme Court also granted transfer and dismissed the appeal of a custody dispute in which the Court of Appeals ruled that a trial court order automatically awarding custody of a child to the father violated the custody modification statute.

That case is In re the paternity of C.J.A.: G.C. (mother) v. T.A. (father), 79S02-1407-JP-484.

Those cases are among five to which justices granted transfer for the week ending July 25. Transfer also was granted in two cases in which the court already has ruled. Those cases are:


Justices denied transfer in 25 cases. Supreme Court transfer disposition lists may be seen here.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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