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COA affirms mentally ill man's murder conviction

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The Indiana Court of Appeals was compelled today by Indiana Supreme Court precedent to affirm a murder conviction for a man who was found guilty but mentally ill.

In Gregory L. Galloway v. State of Indiana, No. 33A01-0906-CR-280, Gregory Galloway argued he should have been acquitted on the defense of insanity in the stabbing death of his grandmother. Galloway has a long history of mental illness and was inconsistent with his treatment and taking medication. His family had attempted numerous times to have him institutionalized but couldn't find a place in state that provided long-term secure care. He was in and out of hospitals and facilities his entire adult life and has bipolar disorder, often with severe psychotic and manic symptoms.

He lived with his grandmother - who lived next door to his parents - and had a good relationship with her. But because of his mental illness, his behavior and state of mind could be unpredictable. He often heard voices or believed he could read people's minds.

On the day of his grandmother's murder, he spent the day with her running errands and having lunch without incident. When he returned home, he got a knife and stabbed his grandmother in the chest. Just after the incident, he felt remorse and cooperated with police. He said he thought he would feel better if he stabbed her but he did not.

Galloway was charged with murder and eventually found competent to stand trial. Two psychiatrists testified he was insane at the time of the stabbing; a psychologist initially found Galloway to be sane, but then retracted his opinion after learning more facts about Galloway's behavior around the time of the stabbing.

The trial court found him guilty but mentally ill and sentenced Galloway to 50 years in prison. Henry Circuit Judge Mary G. Willis noted how his family had tried to have him institutionalized, and she would have begged a mental health provider to keep him long term in a civil commitment, but providers did not. She also said she didn't have the option to commit him for life to a mental health institution, but she couldn't allow him to return to the community. Galloway had failed to prove he was insane at the time of the stabbing.

The Court of Appeals relied on Thompson v. State, 804 N.E.2d 1146 (Ind. 2004), to affirm the trial court's verdict. In Thompson, there was overwhelming evidence to establish Thompson's insanity, but the trial court found her guilty but mentally ill. The Supreme Court affirmed, reasoning that a fact-finder is free to disbelieve uncontradicted testimony and that the trial court is entitled to focus on the facts in the record apart from the uncontradicted expert testimony.

In the instant case, the trial court explained its decision was based on Galloway's repeated refusals to take his medication, his drug and alcohol abuse, the danger he posed to himself and society if he were acquitted, that he was able to interact with people and act appropriately on the day of the stabbing, and that he cooperated with police.

Thompson compels the appellate court to affirm the verdict if there is any evidence whatsoever supporting it, no matter how slight, wrote Chief Judge John Baker. The Court of Appeals sympathized with Galloway's position, but the trial court was free to disbelieve any expert and lay testimony.

"Although Galloway's conduct does not foreclose the possibility that he was legally insane at the time of the killing, we are compelled by Thompson to find that it was reasonable for the trial court to conclude that he behaved normally because he was, in fact, sane," wrote the chief judge.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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