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Indiana Supreme Court endorses new jury instructions for mentally ill defendants

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Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.

Brad Passwater appealed the denial of his petition for post-conviction relief, in part, because the instructions approved by the Indiana Supreme Court were misleading, leaving the jury to believe he could be released from an outpatient facility 90 days after being found guilty of murder.

At his trial for the murder of his mother, Passwater’s counsel requested jury instruction on the penal consequences of guilty but mentally ill and not responsible by reason of insanity verdicts. Instead, the trial court gave the instructions approved by the state Supreme Court in Georgopulos v. State 735 N.E. 2d 1138, 1143 n.3 (Ind. 2000).

In Brad W. Passwater v. State of Indiana, 48S05-1210-PC-583, the Indiana Supreme Court reconsidered the Georgopulos instructions which are given in cases where the jury is faced with the option of finding a defendant not responsible by reason of insanity or guilty but mentally ill.

The court noted the second part of the Georgopulos instruction tried to synthesize the relevant portions of the state statutes. However, the court emphasized the composite is not without flaws.

Specifically, the approved Georgopulos instructions includes the phrase: “If, upon the completion of the hearing, the court finds that defendant is mentally ill and either dangerous or gravely disabled, then the court may order the defendant to be committed to an appropriate facility, or enter an outpatient treatment program of not more than ninety (90) days.”

The court then turned to the instruction provided in the Indiana Pattern Jury Instruction 11.20.

There, the phrase is rewritten as: “If the court finds that the Defendant is mentally ill and either dangerous or gravely disabled then the court may order the Defendant to be either placed in an outpatient treatment program of not more than ninety (90) days, or committed to an appropriate mental health facility until a court determines commitment is no longer needed.”

Writing for the court, Justice Robert Rucker concluded, “We are of the view that the Pattern Instruction represents an improvement over the instruction this Court found appropriate in Georgopulos and thus endorse and approve its use.”




 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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