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Man’s guilty but mentally ill conviction upheld

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The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.

Gore, who is schizophrenic, has a history of mental health issues. He had been hospitalized at least five times by his family due to mental health reasons. In May 2010, Gore called high school friend John Davis Jr. to pick him up. Davis and his girlfriend, Melissa Maida, drove Gore around to look for marijuana. They noted that he was dressed all in black and warmly for the weather, but did not seem agitated. As Maida drove down the road, Gore shot Davis multiple times and shot Maida in the leg. He jumped out of the car, and police caught him a few blocks away. Davis died from his injuries.

Gore was initially not found competent to stand trial, but was restored to competency. At his trial, four experts testified. The jury concluded he was guilty but mentally ill.

“The testimony did not, as Gore asserts, reflect that three experts found Gore insane and one expert provided no opinion. On the contrary, it showed Dr. Calloway applied an incorrect standard, Dr. Miller testified Gore’s ability to appreciate wrongfulness “might” have been affected by his mental illness, Dr. Caruana testified Gore was not insane, and Dr. Prasad testified Gore was insane based on his interviews with Gore’s mother and cousin. The disagreement among the experts as to whether Gore was insane at the time of his offense amounts to an evidentiary conflict,” Judge Melissa May wrote in Jamal Ahmad Gore v. State of Indiana, 45A03-1305-CR-163. “This is not a case of consistent testimony leading only to the conclusion Gore was insane. Therefore, Gore is essentially asking that we reweigh the evidence, which we cannot do.”
 
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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