Berry v. State
2012 Ind. LEXIS 468
Ind.2012Background
- Berry, an alcohol-dependent 41-year-old, repeatedly treated for substance abuse and bipolar disorder, committed a severe assault with a hammer while in an alcohol-influenced state; the trial court rejected an insanity defense finding it was a voluntary alcohol-induced mental state; the Court of Appeals reversed, concluding settled insanity applied; three experts testified with conflicting views on whether Berry’s conduct stemmed from bipolar disorder, alcohol withdrawal, or alcohol-induced psychosis; the Supreme Court affirmed, holding credible expert testimony supported that Berry’s behavior resulted from voluntary alcohol abuse rather than a mental disease or defect; the decision resolved whether voluntary intoxication could meet the insanity defense under Indiana law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the insanity defense properly rejected given expert testimony | Berry argued insanity due to settled insanity or disease | State argued no disease/defect; intoxication accountability | Trial court within discretion; affirm |
| Does settled insanity apply when no expert supports it | Court of Appeals erred by not recognizing settled insanity | Experts did not diagnose settled insanity; testimony favored alcohol effects | settled insanity not shown; affirm |
| What standard governs appellate review of insanity findings | Deferential standard should not reweigh expert conflict | Court may rely on credible expert testimony | Court may affirm if credible testimony supports trial court’s sanity finding |
Key Cases Cited
- Jackson v. State, 273 Ind. 49 (Ind. 1980) (temporary intoxication not a defense unless mental disease)
- Fisher v. State, 64 Ind. 435 (Ind. 1878) (temporary mental incapacity from intoxication not a defense)
- Gambill v. State, 675 N.E.2d 668 (Ind.1996) (insanity is for the trier of fact; review deferential)
- Thompson v. State, 804 N.E.2d 1146 (Ind.2004) (court may rely on lay testimony; conflicts resolved in favor of judgment)
- Galloway v. State, 938 N.E.2d 699 (Ind.2010) (credible expert testimony can sustain sanity finding when others conflict)
- Masbaum v. State, — (Ind. appellate) (discussed expert testimony on alcohol-related insanity ( referenced in opinion))