Trial court erred in disregarding psychiatrists’ unanimous finding

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A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.

Tammy Lee Kelley was arrested and charged after an attack that left D.S., the minor child, with multiple stab wounds, including one that narrowly missed her kidney and another on her chest that partially collapsed one of her lungs.

Subsequently, Kelley was evaluated by two psychiatrists who both documented her mental disease and concluded she was unable to appreciate the wrongfulness of her conduct at the time of the offense.

During a bench trial, no testimony was taken, the parties stipulated to the police reports and the two psychiatrists’ reports were offered along with some of D.S.’s medical records.

The trial court found Kelley guilty but mentally ill on the following: one count of criminal confinement as a Class C felony, battery of a person under fourteen resulting in bodily injury as a Class D felony, and resisting law enforcement as a Class A misdemeanor; and two counts of battery of a law enforcement officer resulting in bodily injury as Class D felonies.

On appeal, Kelley argued that the trial court could not find her guilty but mentally ill when the medical evaluations were unanimous that she was insane at the time of the incident and when there was no contradictory lay testimony.  

The state cited Thompson v. State, 804 N.E.2d 1146, 1149 (Ind. 2004) as giving the judge in this case the freedom to reject the expert testimony.

The COA reversed and remanded with instructions for the trial court to enter a finding of not guilty by reason of insanity.

“While it appears that there was limited foundation for the psychiatrists’ determinations, there is even less on which the trial court could have decided to disregard those determinations,” Judge Margret Robb wrote for the court in Tammy Lee Kelley v. State of Indiana, 09A04-1303-CR-98.

“In short, there was no lay witness testimony and little demeanor evidence from which the court could have deduced, contrary to the two psychiatrists, that Kelley was sane at the time of the incident.”



  • What? only 2
    Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said.

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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon