Tammy Lou Kelley v. State of Indiana - 11/21/13

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Thursday  November 21, 2013 
12:30 PM  EST

09A04-1303-CR-98 12:30 p.m. Michigan City High School. The State charged Tammy Lou Kelley with attempted murder, criminal confinement, battery resulting in bodily injury, two counts of battery on law enforcement officers, and resisting law enforcement, all stemming from an incident in which she stabbed a child left in her care and was uncooperative and combative with officers who arrived to assist.  Kelley requested a psychiatric, competency, and mental status evaluation.  Two court-appointed doctors filed reports finding Kelley competent for purposes of trial but unable to appreciate the wrongfulness of her conduct at the time of the offense.  At the bench trial, the parties stipulated to the police reports, medical reports, and psychiatric evaluations.  No live testimony was taken.  At the conclusion of the bench trial, the trial court found Kelley not guilty of attempted murder, and guilty but mentally ill with respect to the remaining counts.  Kelley appeals her convictions, contending first that the trial court erred in finding her guilty but mentally ill when the uncontradicted evidence was that she was insane at the time of the incident.  She also contends there was insufficient evidence to support her convictions, and that convictions of both battery and confinement of the child victim constitute double jeopardy.  Finally, she contends the trial court erred in imposing consecutive sentences without articulating an adequate basis for doing so.

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