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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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