Lisa M. Morehouse v. State of Indiana (mem. dec.)
79A02-1604-CR-868
| Ind. Ct. App. | Nov 7, 2016Background
- While incarcerated at Tippecanoe County Jail, Morehouse grabbed a correctional nurse, put her in a headlock, and held a pencil to her neck; the nurse experienced pain, breathing difficulty, and lasting trauma.
- The State charged multiple counts including criminal confinement (reduced to Level 5 by plea), criminal recklessness while armed (Level 6), and strangulation (Level 6); other charges were dismissed as part of a plea agreement.
- Morehouse pleaded guilty but mentally ill to the three felonies; psychological evaluation documented Bipolar I disorder with psychotic features and substance-use complications.
- At sentencing the victim testified about ongoing fear and trauma; Morehouse expressed remorse and requested treatment instead of prison.
- The trial court found multiple aggravators (extensive criminal history, offenses committed while incarcerated/on probation, repeated offenses against public-safety officials, prior unsuccessful rehabilitation) and recognized mental illness and remorse as mitigators.
- The court imposed an aggregate seven-year sentence (six years executed, one year suspended to supervised probation); Morehouse appealed as inappropriate.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Morehouse) | Held |
|---|---|---|---|
| Whether the seven-year aggregate sentence is inappropriate under Ind. Appellate Rule 7(B) | Sentence is supported by nature of offense and offender's record; trial court properly weighed mitigators and aggravators | Sentence is excessive and inappropriate given mental illness, remorse, and relatively brief confinement/temporary injury | Affirmed: sentence not inappropriate; trial court acted within discretion |
| Whether mental illness required a lesser sentence or more weight as a mitigator | Mental illness acknowledged but not dispositive; custody may provide needed treatment | Mental illness (and plea of guilty but mentally ill) means actions were largely uncontrolled and warrants leniency | Court recognized mental illness as a mitigator but declined to reweigh it to reduce sentence |
| Whether defendant's character supports revision of sentence | Defendant's extensive, repeated criminal history and violations support harsher sentence | Defendant's remorse and treatment needs show rehabilitation potential | Defendant failed to show character warranted sentence revision; aggravators outweigh mitigators |
Key Cases Cited
- Delao v. State, 940 N.E.2d 849 (Ind. Ct. App. 2011) (appellate rule allowing revision of sentence if inappropriate)
- Anderson v. State, 989 N.E.2d 823 (Ind. Ct. App. 2013) (defendant bears burden to show both prongs favor revision)
- Rutherford v. State, 866 N.E.2d 867 (Ind. Ct. App. 2007) (trial court's unique sentencing perspective merits deference)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (trial court judgment receives considerable deference on sentencing)
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant must persuade appellate court that sentence is inappropriate)
- Webb v. State, 941 N.E.2d 1082 (Ind. Ct. App. 2011) (relative weight of aggravators/mitigators not reviewed on appeal)
- Flickner v. State, 908 N.E.2d 270 (Ind. Ct. App. 2009) (trial court not required to give mitigators same weight as defendant)
- Marley v. State, 17 N.E.3d 335 (Ind. Ct. App. 2014) (appellate inquiry limited to whether imposed sentence is inappropriate)
- Hines v. State, 30 N.E.3d 1216 (Ind. 2015) (maximum sentence for attack on correctional officer was not inappropriate)