Galloway v. State

920 N.E.2d 711, 2010 Ind. App. LEXIS 52, 2010 WL 286637
CourtIndiana Court of Appeals
DecidedJanuary 26, 2010
Docket33A01-0906-CR-280
StatusPublished
Cited by2 cases

This text of 920 N.E.2d 711 (Galloway v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Galloway v. State, 920 N.E.2d 711, 2010 Ind. App. LEXIS 52, 2010 WL 286637 (Ind. Ct. App. 2010).

Opinion

OPINION

BAKER, Chief Judge.

Appellant-defendant Gregory L. Gailo-way appeals his conviction for Murder, 1 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.

FACTS

Galloway's History of Mental Iliness

As the trial court found, Galloway

was first evaluated at the age of 17 and given a diagnosis of adjustment disorder with disturbance of conduct. Counseling was recommended. His mental health treatment continued, unabated, during his entire adult life. His psychotic episodes increased in duration and frequency despite effort at stabilization through antipsychotic medication. [Galloway] lacks insight into the need for his prescribed medication.

Appellant's App. p. 255. Since Galloway was in high school, his parents had attempted to have him institutionalized many times but were unable to find an institution in Indiana that provided long-term secure care. By 2007, twenty different physicians had diagnosed Galloway with bipolar disorder, often with severe psychotic and manic symptoms. As Galloway grew older, his psychotic symptoms increased. Galloway has been committed on a short-term basis over twenty times, but was always released back to his parents after two weeks of care.

A year after high school, Galloway got married and eventually had three children. His mental health continued to deteriorate, making it difficult to hold a job *713 or stay married. He also struggled with substance abuse. In 2000, Galloway and his wife divorced, and he moved in with his grandmother, who lived next door to his parents. Galloway and his grandmother had an excellent relationship and he loved her very much. Over the next five years, Galloway had about twenty jobs, and eventually began receiving Social Security benefits because of his mental illness. Beginning in 2001, Galloway experienced a series of psychotic episodes that began to increase in frequency and severity. For example:

e On April 11, 2001, Galloway received 29 stitches on his forearm. When he returned home, he flew into a rage, broke glass, took pictures of the wall, and yelled at his grandmother.
e A few weeks later, Galloway believed the television was talking to him and that he could read minds and others could read his. He was voluntarily admitted to the psychiatric unit at Ball Memorial Hospital.
e In February 2002, Galloway's parents found him with a gun, looking for ammunition. He planned to kill his grandmother because she was the devil, and he planned to kill his neighbor, whom Galloway believed was controlling his son. His parents took him to the emergency room, where he hit his father and had to be restrained by police. He was paranoid and believed that there was cocaine in the air. His parents involuntarily committed him but he was released in early March.
e On March 29, 2002, Galloway followed a woman he believed to be a relative. She became frightened and went to a State Police Post. Galloway followed her inside, and the police subsequently took him to Wishard Hospital, where he was admitted and remained until April 10. Galloway was transferred to the more restrictive Richmond State Hospital, where he remained until August 7, 2002.
e On April 4, 2003, Galloway's parents sought treatment for him because he had not slept in a week and was becoming disruptive. When he arrived at the hospital, he was psychotic and believed he was there to get a gap in his teeth fixed. He was committed for ten days.
e On June 30, 2004, Galloway's mother received a call from a nurse at a hospital in Ohio, explaining that Galloway was in the hospital and disoriented. Earlier that day, Galloway believed that God had told him to leave his job. He then drove to Dayton and ended up in a stranger's driveway, looking for the perfect wife for the son of God. After being committed to the hospital, Galloway believed that he had a magic key and his doctor was the devil.
e A few weeks after his release, Galloway stopped his truck in the middle of I-69 and got out. He believed that Saddam Hussein proceeded to. escort him to the Lebanon Police Department. He was admitted to a hospital and released one week later.
e On July 21, 2005, Galloway believed his mother was the devil and he wanted to kill her. He ended up in a car chase with his mother, crashing when he drove through a curve too quickly. When he was admitted to the hospital, he stated he was an alien and protected from harm.
e On May 10, 2006, Galloway broke into his mother's room, threatened to kill her, and had to be restrained by his father. He was committed to Richmond State Hospital. When he was admitted, he believed that he had been shot in the forehead and bitten by a poisonous snake. He tested positive *714 for cocaine and was evaluated to be homicidal. He was released a few days later.
eOn January 18, 2007, Galloway stopped his car on the interstate near Lafayette, got out of his car, and began yelling and talking to himself, threatening bystanders. Police officers escorted him to the emergency room, where he was mumbling to himself, aggressive towards the staff, and reacting to visual and auditory hallucinations. He was admitted into the hospital for a few days.
March 11, 2007, Galloway had refused to sleep or eat for a week because he was afraid something bad would happen to him. He crashed through his grandmother's back window when he was locked out and had to be taken to the hospital because he had sustained cuts to his stomach. He was admitted to the hospital for four days. He was then transferred to an Anderson hospital, where he was in a borderline catatonic state and detached from reality. He was released after four days.
e Three days later, on March 28, 2007, Galloway did not know who or where he was. He had been staying awake all night and sleeping in his parents' bed because he believed someone was in his room. He was hearing voices. He was involuntarily committed and diagnosed with schizo-affective disorder, bipolar type, and found to be a danger to himself. He stayed in the hospital for less than one week.
e In June 2007, Galloway's parents re-eeived a call from Tennessee authorities. The police had found Galloway in his semi, hauling gasoline and threatening to drive it into a gas station and blow it up. He was talking to himself, had benzodiazepine and cocaine in his system, and had not slept for three days. He was homicidal and suicidal. He stayed in a Tennessee institution for four days.

The Murder

During the week leading up to October 26, 2007, Galloway exhibited more strange behavior. He heard voices and thought his grandmother's trailer was haunted.

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Related

Galloway v. State
938 N.E.2d 699 (Indiana Supreme Court, 2010)

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Bluebook (online)
920 N.E.2d 711, 2010 Ind. App. LEXIS 52, 2010 WL 286637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galloway-v-state-indctapp-2010.