Berry v. State, 950 N.E.2d 821

Berry, an alcoholic with a long history of heavy drinking, attacked Tony Monday with a hammer after telling him he would kill him, causing severe head and facial injuries.
Berry was charged with class A felony attempted murder; the trial court rejected the insanity defense, finding his psychotic symptoms resulted from voluntary alcohol use and that he could appreciate the wrongfulness of his conduct.
Experts differed: Dr. Olive and Dr. Parker attributed psychosis to bipolar disorder; Dr. Masbaum attributed psychosis to alcohol intoxication/withdrawal or alcohol-induced mental illness, with uncertainty about bipolar diagnosis.
The trial court found Berry sane at the time of the offense, relying in part on the conclusion that his symptoms were caused by voluntary alcohol abuse and that he could appreciate the wrongfulness of his conduct.
The Indiana Court of Appeals held there was no evidence Berry was intoxicated at the time and recognized settled insanity, a doctrine allowing criminal responsibility to be negated when long-term alcohol abuse caused a mental disease rendering the defendant unable to appreciate wrongfulness.
On review, the court reversed, concluding Berry suffered from a mental disease or defect due to prolonged alcohol abuse and could not appreciate the wrongfulness of his actions, and remanded to enter a not guilty by reason of insanity (NRI) finding and proceed with related proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Berry entitled to an insanity defense (NRI) based on mental disease/defect?	Berry argues no evidence supports intoxication; settled insanity applies.	State contends no settled insanity; Berry was sane due to able appreciation.	Yes; court reverses and adopts NRI finding due to settled insanity.
Did Berry suffer a mental disease or defect at the time of the offense?	Berry asserts psychotic symptoms from prolonged alcohol abuse established a mental disease/defect.	State argues symptoms were caused by voluntary intoxication and/or bipolar disorder.	Yes; psychosis from chronic alcohol abuse constitutes a mental disease/defect.
Was Berry able to appreciate the wrongfulness of his conduct at the time of the offense?	Berry's conduct and statements show lack of appreciation for wrongfulness; experts support insanity.	Court previously found behavior indicating knowledge of wrongfulness.	No; evidence shows Berry could not appreciate wrongfulness; remand for NRI.

Fisher v. State, 64 Ind. 435 (Ind. 1878) (settled insanity for long-term alcoholism-controls accountability)
Jackson v. State, 402 N.E.2d 949 (Ind. 1980) (insanity where intoxication produces mental disease; not always criminally responsible)
Galloway v. State, 938 N.E.2d 699 (Ind. 2010) (expert testimony not controlling; demeanor evidence must be evaluated with other facts)
Thompson v. State, 804 N.E.2d 1146 (Ind. 2004) (demeanor evidence may be probative but not sole basis for mental state)
State v. Sexton, 904 A.2d 1092 (Vt. 2006) (discussion of settled insanity doctrine and long-term substance abuse)
Jackson v. Duckworth, 549 F. Supp. 1280 (N.D. Ind. 1982) (insanity may be based on extreme or long-term abuse irrespective of voluntary ingestion)