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Man loses insanity defense appeal

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A Marion County court correctly rejected the insanity defense entered by a man who suffers from bipolar disorder and alcoholism in his attempted murder bench trial, the Indiana Supreme Court ruled.

John Berry was on trial for attacking Tony Monday, a man helping Berry’s father renovate a house. The weekend prior to the attack, Berry drank heavily; the attack took place on a Monday. When police arrived, they found Berry’s behavior to be nonchalant and calm, he offered no resistance, and his speech was clear. He did give nonsensical answers as to why he attacked Monday.

A court-appointed psychiatrist and psychologist, as well as a psychiatrist hired by the defense, submitted reports and testified as to Berry’s mental status during the attack. None of the experts cited that Berry suffered delierum tremens, which is a type of settled insanity caused by the chronic abuse of alcohol, at the time of the attack. Two of the three experts testified that Berry suffered from bipolar disorder during the attack and didn’t appreciate the wrongfulness of his conduct. One expert believed it was the consumption of alcohol that caused the attack.

The trial court rejected Berry’s insanity defense, but the Indiana Court of Appeals reversed, concluding Berry suffered from “settled insanity” due to his prolonged and chronic abuse of alcohol.

“The intersection of voluntary intoxication and insanity is murky at best,” wrote Justice Steven David for the court. “Certainly, not all chronic alcoholics have destroyed their mental faculties to the point where they suffer from a mental disease as defined in Indiana’s insanity statute. On the other hand, consumption of alcohol prior to committing an offense does not automatically rule out the insanity defense, as the underlying cause of a defendant’s behavior could be a mental disease.”

The justices ruled it’s ultimately up to the trier of fact to determine whether the defendant’s conduct was the result of a diseased mind, regardless of the source of the disease, or whether it was the result of voluntary intoxication.

They agreed that “settled insanity” is a mental disease or defect as defined by the insanity statute, but found conflicting evidence in this case whether Berry suffered from such a condition.

There was credible expert testimony that his behavior was caused by the voluntary abuse of alcohol and not a mental disease or defect, David wrote, so the justices affirmed the rejection of Berry’s insanity defense in John Berry v. State of Indiana, 49S04-1110-CR-611.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. 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

  3. 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.

  4. 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?

  5. 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

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