Monday, October 24, 2011
Ind. Decisions - Transfer list for week ending October 21, 2011
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Here is the Clerk's transfer list for the week ending October 21, 2011. It is two pages (and 21 cases) long.
Three transfers were granted last week:
- John R. Berry IV v. State of Indiana was a 28-page, July 20th COA opinion that concluded:
We conclude that there is no evidence that Berry was intoxicated when he committed the offense. We adhere to the longstanding principle that a defendant suffering from a mental disease or defect caused by severe, prolonged, and chronic alcohol abuse that renders that person unable to appreciate the wrongfulness of his or her conduct is not responsible for prohibited conduct committed while in that condition. We conclude that the evidence is undisputed that at the time of the offense Berry suffered from psychotic symptoms caused by his prolonged and severe alcohol abuse and that he was unable to appreciate the wrongfulness of his conduct. Accordingly, we conclude that the trial court erred in rejecting his insanity defense. We reverse the judgment of the trial court and remand with instructions to find Berry not guilty by reason of insanity and for further proceedings as required by the Indiana Code.
- Otha S. Hamilton v. State of Indiana was a 9-page, 2-1, May 31, 2011 NFP opinion re sentencing.
- Michael J. Lock v. State of Indiana was a memorable, 9-page, 2-1, July 26, 2011 opinion that concluded:
We decline the State's invitation to relieve it of its burden to prove every element of a crime it prosecutes. * * *
[W]e decline the State's invitation to speculate that a vehicle capable of travelling 43 miles per hour necessarily must have a “maximum design speed” over 25 miles per hour. We may not affirm a conviction based on mere speculation. * * * Therefore, we reverse Lock's conviction of Class D felony operating a motor vehicle while privileges are suspended.
Dismissed - Shepard, C.J., Dickson and David, JJ., vote to dismiss the petition to transfer. Sullivan and Rucker, JJ., vote to deny the petition to transfer.
Posted by Marcia Oddi on October 24, 2011 03:03 PM
Posted to Indiana Transfer Lists