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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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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