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Justices to review denial of shooter's insanity defense

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The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.

Donald Myers was convicted of firing on multiple motorists and police officers along U.S. 20 in Steuben County. Police shot Myers after he continued to brandish a shotgun, and he fled into woods where he was flushed out after an hours-long standoff in April 2004.

But the Indiana Court of Appeals in a memorandum decision held that the trial court abused its discretion by denying Myers’ insanity defense, holding that “in the absence of any admissible evidence of probative value that even inferred sanity at the time of the crimes, the jury clearly erred in rejecting Myers’s insanity defense.”

The trial court also abused its authority in admitting evidence of Myers’ refusal to speak with police and his request for counsel to support a showing of sanity, the COA held. Multiple evaluations found Myers incompetent, and he was committed to the Logansport State Hospital.

He was transferred to Richmond State Hospital in 2012, where he was found to have regained competency, at which he was found guilty but mentally ill. The case is Donald William Myers, III v. State of Indiana,  76S03-1407-CR-493.

Justices also agreed to hear an insurance dispute following a fire that destroyed the office of a dentistry practice. The office was left with damages of more than $500,000 over what policy limits provided.

A trial judge granted summary judgment in favor of the insurer, finding the insurer had explained the policy’s limits. A panel of the Court of Appeals reversed, holding that the insurer had a special duty to advise the office about coverage and ensure the office was fully covered based on the longstanding business relationship between the practice and the insurance company.

The case is Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc., 49S05-1407-PL-491.

The Indiana Supreme Court also granted transfer and dismissed the appeal of a custody dispute in which the Court of Appeals ruled that a trial court order automatically awarding custody of a child to the father violated the custody modification statute.

That case is In re the paternity of C.J.A.: G.C. (mother) v. T.A. (father), 79S02-1407-JP-484.

Those cases are among five to which justices granted transfer for the week ending July 25. Transfer also was granted in two cases in which the court already has ruled. Those cases are:


Justices denied transfer in 25 cases. Supreme Court transfer disposition lists may be seen here.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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