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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.”



 

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  • 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. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

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  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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