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Judges uphold jury's rejection of insanity defense

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A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.

In Latisha Lawson v. State of Indiana, No. 02A03-1107-CR-350, Latisha Lawson appealed her convictions of murder, Class C felony neglect of a dependent, and Class D felonies neglect of a dependent and battery. The convictions stem from an incident where she forced her two children to drink mixtures of oil and vinegar to exercise demons. In order to get her toddler son to drink the mixture, Lawson held her hand over his mouth, which suffocated J.K.

She kept J.K.’s body in a bin and told her daughter not to tell anyone what had happened. She told people who asked where J.K. was that he was living with another relative or had been adopted. Eventually, police learned about J.K.’s death and found his body inside the plastic tub where Lawson was living.

Lawson wanted to rely on the insanity defense, so she was examined by a psychologist and a psychiatrist. The psychologist believed she was sane at the time of the incident; the psychiatrist felt she wasn’t sane at the time. The jury was instructed that it could find Lawson not guilty, not responsibly by reason of insanity, guilty, or guilty but mentally ill. The jury found her guilty and she was sentenced to 61 years.

The Indiana Court of Appeals rejected Lawson’s claim that the psychologist’s testimony rendered an opinion lacking in probative value so only the psychiatrist’s opinion should have been considered. This case differs from Galloway v. State, 938 N.E.2d 699, 708 (Ind. 2010), in which the expert in that case originally testified that he thought the defendant was sane but later said on cross-examination that he was unable to offer a definite opinion on sanity. In the instant case, the psychologist never changed his opinion that Lawson was sane.

In addition, independent lay witness testimony corroborated the psychologist’s opinion she was sane.

“Lawson’s behavior in this case admittedly was highly bizarre; her actions concerning the ‘exorcism’ and retention of J.K.’s body thereafter were confirmed by three independent eyewitnesses. Still, as we recently noted, our supreme court has affirmed the rejection of an insanity defense even ‘where the crimes appear to have been completely irrational,’” wrote Judge Michael Barnes.

 

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  1. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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