Greider v. State, No. 778S143

Docket NºNo. 778S143
Citation270 Ind. 281, 385 N.E.2d 424
Case DateFebruary 02, 1979
CourtSupreme Court of Indiana

Page 424

385 N.E.2d 424
270 Ind. 281
James GREIDER, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below).
No. 778S143.
Supreme Court of Indiana.
Feb. 2, 1979.
Rehearing Denied April 3, 1979.

[270 Ind. 282]

Page 425

James A. Greco, Greco, Gouveia, Miller & Pera, Gary, for appellant.

Theodore L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, James Greider, was charged on two counts of first-degree murder. He was tried by jury, convicted, and sentenced to life imprisonment. The defendant now appeals and urges this Court to find that the jury verdict was not supported by the evidence. Specifically, he alleges that there was no evidence to prove the defendant's sanity at the time of the shootings.

Testimony elicited from three physicians (including two psychiatrists) was to the effect that the defendant was not legally sane at the time of the offense because he was suffering from a toxic psychosis due to self-administered substances, drugs. Other witnesses testified that the defendant acted intoxicated, high on something, or not normal.

However, the evidence was conflicting. The defendant himself admittedly remembered the episode of the shooting enough to recognize that he had been armed with a loaded pistol when he went to the victims' apartment. He remembered procuring a sawed-off shotgun (which one victim, Richard, was to use in a drug deal) and carrying it to the apartment. He remembered that there were two loud explosions and that Richard was on the floor; he remembered another loud explosion and [270 Ind. 283] that the other victim, Paula, was on the floor. He testified that he "went over to see if Richard was still alive. I felt for a pulse. I didn't get any kind of vital sign." He had not checked to see if Paula was alive because she had been shot between the eyes. He wrapped the shotgun in a field jacket and took it and the pistol to his home where he placed them under the mattress of the bed. Then he slashed his own arm with a knife; he went next door to his neighbor's house and asked the neighbor to take him to the emergency room. The neighbor testified that the defendant's speech was not unusual and that the defendant insisted upon reading the hospital release forms before he would sign them. The defendant himself called police officials two days after the shootings and reported that he thought he had shot two people.

It is true that when a defendant enters a plea of not guilty by reason of insanity, the burden of proving sanity beyond a reasonable doubt is on the state. Coonan v. State, (1978) Ind., 382...

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23 practice notes
  • Greider v. Duckworth, No. 82-1487
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 11, 1983
    ...shootings were sufficient evidence to sustain the jury's conclusion that Greider was sane at the time he fired the gun. Greider v. State, 385 N.E.2d 424 Greider filed the instant petition for writ of habeas corpus, 28 U.S.C. Sec. 2254, challenging the sufficiency of the evidence that he was......
  • Roche v. Anderson, No. 3:98 CV 347 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • February 6, 2001
    ...judge, having been affirmed by the Indiana Supreme Court and Indiana Court of Appeals in a number of cases, including Greider v. State, 270 Ind. 281, 385 N.E.2d 424 (1979), Spence v. State, 272 Ind. 515, 400 N.E.2d 109 (1980), Taylor v. State, 273 Ind. 558, 406 N.E.2d 247 (1980), Scott v. S......
  • Carter v. State, No. 2-178A5
    • United States
    • Indiana Court of Appeals of Indiana
    • August 11, 1980
    ...must have been so intoxicated as to be incapable of entertaining the required specific intent." Greider v. State, (1979) Ind., 385 N.E.2d 424, 426 (emphasis added). See Williams v. State, (1979) Ind., 393 N.E.2d 149; Patterson v. State, (1978) 267 Ind. 515, 371 N.E.2d 1309; James v. St......
  • Seeglitz v. State, No. 985S388
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ...in the absence of contrary proof, to have intended the natural consequences of his own acts. Cowans, supra; Greider v. State (1979), 270 Ind. 281, 385 N.E.2d 424. Whether appellant possessed the requisite intent, despite his claim of intoxication, is a question for the trier of fact. Duffy,......
  • Request a trial to view additional results
23 cases
  • Greider v. Duckworth, No. 82-1487
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 11, 1983
    ...shootings were sufficient evidence to sustain the jury's conclusion that Greider was sane at the time he fired the gun. Greider v. State, 385 N.E.2d 424 Greider filed the instant petition for writ of habeas corpus, 28 U.S.C. Sec. 2254, challenging the sufficiency of the evidence that he was......
  • Roche v. Anderson, No. 3:98 CV 347 AS.
    • United States
    • United States District Courts. 7th Circuit. United States District Court of Northern District of Indiana
    • February 6, 2001
    ...judge, having been affirmed by the Indiana Supreme Court and Indiana Court of Appeals in a number of cases, including Greider v. State, 270 Ind. 281, 385 N.E.2d 424 (1979), Spence v. State, 272 Ind. 515, 400 N.E.2d 109 (1980), Taylor v. State, 273 Ind. 558, 406 N.E.2d 247 (1980), Scott v. S......
  • Carter v. State, No. 2-178A5
    • United States
    • Indiana Court of Appeals of Indiana
    • August 11, 1980
    ...must have been so intoxicated as to be incapable of entertaining the required specific intent." Greider v. State, (1979) Ind., 385 N.E.2d 424, 426 (emphasis added). See Williams v. State, (1979) Ind., 393 N.E.2d 149; Patterson v. State, (1978) 267 Ind. 515, 371 N.E.2d 1309; James v. St......
  • Seeglitz v. State, No. 985S388
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ...in the absence of contrary proof, to have intended the natural consequences of his own acts. Cowans, supra; Greider v. State (1979), 270 Ind. 281, 385 N.E.2d 424. Whether appellant possessed the requisite intent, despite his claim of intoxication, is a question for the trier of fact. Duffy,......
  • Request a trial to view additional results

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