Fernbach v. State
2011 Ind. App. LEXIS 1802
| Ind. Ct. App. | 2011Background
- Fernbach has a long history of mental illness, including depression since childhood, prior institutional commitment, and a pattern of violent behavior.
- He experienced paranoid delusions beginning in fall 2008, including barricading his home and believing people were threatenting his family.
- He was involuntarily committed in October 2008 for 72 hours and diagnosed with bipolar disorder with psychotic tendencies; he was released afterward.
- After release, Quinco diagnosed bipolar disorder and suspected schizophrenia; he illegally purchased a handgun despite treatment efforts.
- On April 4, 2009, Fernbach shot two men at a Batesville gas station, seriously injuring them; he fled the scene and later claimed various explanations to police.
- Fernbach was charged with two counts of attempted murder, pled not guilty by reason of insanity, and the jury found him guilty but mentally ill; the trial court sentenced him to 60 years total, consecutive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty but mentally ill verdict was clearly erroneous | Fernbach | Fernbach | Not clearly erroneous; jury was entitled to weigh conflicting evidence and credit lay testimony over experts |
| Whether the consecutive advisory sentences were inappropriate | Fernbach | Fernbach | Not inappropriate; two victims and violent conduct justify consecutive terms and advisory sentence start point. |
Key Cases Cited
- Galloway v. State, 938 N.E.2d 699 (Ind.2010) (insanity defense requires more than mere mental illness; jury deference on wrongfulness)
- Gambill v. State, 675 N.E.2d 668 (Ind.1996) (conflicting evidence may support a sane conclusion despite expert insanity opinions)
- Barany v. State, 658 N.E.2d 60 (Ind.1995) (jury may credit non-medical evidence over post-incident expert opinions)
- Thompson v. State, 804 N.E.2d 1146 (Ind.2004) (jury credibility may override expert testimony on insanity)
- Weeks v. State, 697 N.E.2d 28 (Ind.1998) (insanity defense burden on defendant; mental illness alone not enough)
- Carson v. State, 807 N.E.2d 155 (Ind.Ct.App.2004) (courts may rely on lay testimony in insanity determinations)
- Kiefer v. State, 761 N.E.2d 802 (Ind.2002) (motive is not an element of attempted murder; irrational acts do not prove insanity)