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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT