John Berry v. State of Indiana (mem. dec.)
49A05-1603-PC-553
| Ind. Ct. App. | Feb 27, 2017Background
- Defendant John Berry, with long-standing alcohol dependence and bipolar disorder, attacked Tony Monday with a claw hammer causing severe injuries; Berry made statements suggesting delusions and was arrested at the scene.
- Berry was charged with Class A felony attempted murder, waived a jury, and the trial court rejected his insanity defense and convicted him. The Indiana Supreme Court affirmed the conviction on direct appeal, finding voluntary intoxication evidence probative.
- Berry filed a petition for post-conviction relief arguing trial counsel Michael Day rendered ineffective assistance by pursuing an insanity defense rather than arguing for a lesser-included offense (e.g., aggravated battery).
- At the post-conviction evidentiary hearing, Day testified he reasonably chose the insanity defense based on expert and factual evidence and believed pursuing a lesser offense alternative would undermine his credibility.
- The post-conviction court credited Day’s testimony and denied relief; the Court of Appeals affirmed, applying Strickland’s ineffective-assistance test and finding Day’s strategic choice reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Day provided ineffective assistance by pursuing an insanity defense instead of arguing a lesser-included offense | Berry: counsel should have litigated a lesser offense (Thompson would have shown insanity strategy was weak) | State/Day: pursuing insanity was a reasonable strategic choice; arguing both would have cost credibility | Denied — strategy was reasonable; no ineffective assistance shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Thompson v. State, 804 N.E.2d 1146 (Ind. 2004) (factfinder may credit lay testimony over expert opinions on sanity)
- Berry v. State, 969 N.E.2d 35 (Ind. 2012) (direct appeal discussing voluntary intoxication and insanity defenses)
- McCary v. State, 761 N.E.2d 389 (Ind. 2002) (summary of Strickland prejudice and performance standards)
- Campbell v. State, 19 N.E.3d 271 (Ind. Ct. App. 2014) (standard of review for post-conviction appeals)