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Wednesday, December 22, 2010

Ind. Decisions - Supreme Court reverses guilty but mentally ill decision

In its January 26, 2010 opinion in Gregory Galloway v. State of Indiana, the COA concluded:

Appellant-defendant Gregory L. Galloway appeals his conviction for Murder, a felony. Galloway argues that he should have been acquitted based on his defense of insanity and that the trial court erred by finding him guilty but mentally ill. Finding that we are compelled by our Supreme Court's opinion in Thompson v. State, 804 N.E.2d 1146 (Ind. 2004), to affirm, we do so.
In an opinion filed this afternoon, the Supreme Court, by a 3-2 vote, reversed the decision of the trial court.

In Gregory L. Galloway v. State of Indiana, a 27-page, 3-2 opinion, Justice Sullivan writes for the majority:

Despite nonconflicting expert and lay opinion testimony that defendant Gregory Galloway was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system. This was insufficient to sustain the trial court's finding because there was no probative evidence from which an inference of sanity could be drawn.
For more, see this entry from Dec. 26, 2010.

Posted by Marcia Oddi on December 22, 2010 04:23 PM
Posted to Ind. Sup.Ct. Decisions