Christopher v. Indiana

511 N.E.2d 1019, 1987 Ind. LEXIS 1013
CourtIndiana Supreme Court
DecidedAugust 19, 1987
Docket884S315
StatusPublished
Cited by16 cases

This text of 511 N.E.2d 1019 (Christopher v. Indiana) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christopher v. Indiana, 511 N.E.2d 1019, 1987 Ind. LEXIS 1013 (Ind. 1987).

Opinions

DeBRULER, Justice.

Appellant was charged with the offense of murder in the stabbing death of his wife. On motion he was found presently incompetent to stand trial, committed to a state hospital, and was later determined able to stand trial. He interposed the defense of insanity set out in I.C. 35-41-3-6 claiming that he was not responsible for the killing by reason of mental illness or defect and was tried by a jury which returned the verdict authorized by I.C. 35-36-2-3 that he was guilty but mentally ill at the time of the crime. The sentencing court found aggravating circumstances and enhanced the standard sentence to 'the very maximum authorized for the crime of murder, I.C. § 35-50-2-3, giving a sixty year total.

Appellant raises the following issues in this appeal:

(1) Whether the verdict of guilty but mentally ill was contrary to law and error.

(2) Sufficiency of evidence to show a knowing or intentional killing.

(3) Error in permitting the introduction of five photographs of the victim’s body.

(4) Whether the enhanced sentence is manifestly unreasonable.

I

Appellant maintains that the verdict of guilty but mentally ill at the time of the crime was contrary to the law and the evidence. It is his contention that the evidence was without conflict and supports only a verdict of not responsible by reason of insanity at the time of the crime. The verdict of guilty but mentally ill is a finding against appellant on the defense of not responsible by reason of insanity, a defense upon which he had the burden of proof by a preponderance of the evidence. Consequently our standard of review on the claim made is that we neither weigh the evidence nor resolve questions of credibility of witnesses, and from this viewpoint we consider whether the evidence is without conflict and leads to but one conclusion, namely one not reached by the trier of fact. Gentry v. State (1984), Ind., 471 N.E.2d 263.

Lacking substantial capacity, due to mental disease or defect, to appreciate wrongfulness of conduct or to conform conduct to the law, is the basis of the insanity defense, as defined by the statute applicable to this case. I.C. § 35-41-3-6, since amended. Substantial disturbance of thought, feeling, or behavior, together with an impairment of the ability to function due to psychiatric disorder, does not on the other hand satisfy as a basis for the insani[1021]*1021ty defense, but would warrant the finding of guilty but mentally ill where guilt was established. I.C. § 35-36-1-1.

The evidence presented included the following. Appellant’s wife died in her bed as a direct result of multiple gross wounds to the neck and torso inflicted with a large kitchen knife. The couple’s two small children were in the house. When the police arrived, appellant was on the floor and unconscious as a result of the ingestion of an overdose of prescription drugs. Appellant was arrested and confined in the hospital, where over the next several days he admitted stabbing her in anger resulting from his belief that she was trying to commit him to a mental hospital and was seeing another man. At the time, appellant was on a weekend release from Southern Indiana Mental Health Center where he was a voluntary patient. The purpose of the release was to permit him to enroll in college classes and to sign up for his VA benefits.

Appellant had a history of consistent use of illegal drugs including amphetamines and marijuana. He had been experiencing delusions over a period of several years, and had at least twice previously admitted himself for psychiatric care. One medical report stated that he suffered from organic delusional syndrome due to amphetamines. His delusions included persecution by government agents and workplace supervision, and infidelity of his wife.

The medical witnesses testified without exception that appellant was suffering from a mental illness at the time of the crime. Dr. Borador testified as follows:

Q. It is yóur opinion that he did not have substantial capacity to appreciate the wrongfulness of his conduct.
A. It is markedly impaired and the answer is yes.

This statement, supportive of the insanity defense, did not stand alone but was undermined by inferences rationally flowing from subsequent testimony of the same witness that appellant’s illness did not rule his thought and conduct at all times and that shortly after the killing, he examined appellant, and appellant at that time did have the capacity to conform to the requirements of the law and to know right from wrong. He had considerable recall of the events of the evening of the killing, was guilt ridden and remorseful and wanted to die. Other testimony regarding appellant’s conduct on the night of the crime and the choices he then made challenges the conclusions in support of the insanity defense of all expert witnesses. Clearly, the jury was not required to conclude that appellant’s anger and motivation to take his wife’s life was the product of or commanded by a psychotic delusion.

According to the description provided by appellant, the children on that night had been put to bed and then he and his wife grew amorous. They sought to have sexual intercourse, but appellant did not have the physical ability. Later that night, after they had gone to bed, he was unable to sleep. He took all of the drugs which he had with him and a drug called activan which his wife had in the house. He took the overdose to end his life. He then grew angry and decided that she deserved to die if he was and that he would take her with him.

We conclude that the evidence of insanity as defined by law is in conflict, and as such it did not lead only to the conclusion that appellant lacked the requisite capacity to appreciate wrongfulness or to conform his conduct to the law at the time he killed his wife. It led as well to the conclusion that the grip of appellant’s delusionary illness, by reason of the care and medicines he was receiving at the time, and evidenced by the level of operation of his judgmental faculties at the time, was only so great as to satisfy the basis for the guilty but mentally ill verdict, and was not so great as to satisfy the basis for the not responsible by reason of insanity verdict.

II

Appellant contends that the evidence tending to show that he held the intent to kill was wholly insufficient to support the jury verdict. In determining this question we do not weigh the evidence nor resolve questions of credibility but look [1022]*1022to the evidence and reasonable inferences therefrom which support the verdict. Smith v. State (1970), 254 Ind. 401, 260 N.E.2d 558. The conviction will be affirmed if from that viewpoint there is evidence of probative value from which a reasonable trier of fact could infer that appellant was guilty beyond a reasonable doubt. Taylor v. State (1973), 260 Ind. 64, 291 N.E.2d 890. Glover v. State (1970), 253 Ind. 536, 255 N.E.2d 657. The State continues to bear the burden of proving that the killing was knowingly or intentionally carried out where the defense of insanity has been raised, and the burden of proving that defense is cast upon the defendant.

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Christopher v. Indiana
511 N.E.2d 1019 (Indiana Supreme Court, 1987)

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Bluebook (online)
511 N.E.2d 1019, 1987 Ind. LEXIS 1013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-v-indiana-ind-1987.