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Lora N. Baxter-Balmer v. State of Indiana
No. 26A-CR-1035
Appeal from the St. Joseph Superior Court 1, Judge Christopher C. Fronk. After a bench trial, the trial court found Baxter-Balmer guilty but mentally ill on three counts of felony battery against a public safety official, two counts of felony intimidation, and misdemeanor counts of battery and disorderly conduct. Baxter-Balmer appealed, arguing that the court should have found her not responsible by reason of insanity. The Court of Appeals agreed, reversing the decision and remanding the case with instructions to find the appellant not responsible by reason of insanity. The appeals court said the trial court in its ruling improperly relied on a psychologist’s determination that he couldn’t offer an opinion about whether the appellant could appreciate the wrongfulness of her conduct. It also noted that a hospital incident report was not probative of whether Baxter-Balmer appreciated the wrongfulness of her conduct. Judge Bailey authored the opinion, with Judges Brown and Weissmann concurring. Appellant’s attorney: Aric J. Rutkowski, South Bend. Appellee’s attorneys: Office of the Indiana Attorney General.
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