Brad W. Passwater v. State of Indiana - 1/10/13

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Thursday  January 10, 2013 
9:45 AM  EST

9:45 a.m. 48S05-1210-PC-583. A jury instruction on the insanity defense, given without objection at Passwater’s 2004 murder trial, stated in part that the defendant could be committed to a facility for a period of “not more than ninety (90) days.” The jury found Passwater guilty but mentally ill and he was sentenced to fifty-five years. The Madison Circuit Court later denied post-conviction relief with respect to the instruction. The Court of Appeals affirmed, citing Georgopolus v. State, 735 N.E.2d 1138 (Ind. 2000), in a memorandum decision, Passwater v. State, No. 48A05-1201-PC-17, slip op. (Ind. Ct. App., Jul. 25, 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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