Reighard v. State, 982S354

• Decision Date: 05 January 1984
• Docket Number: No. 982S354,982S354
• Citation: 457 N.E.2d 557
• Parties: Lewis C. REIGHARD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).
• Court: Indiana Supreme Court

Page 557

457 N.E.2d 557

Lewis C. REIGHARD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

No. 982S354.

Supreme Court of Indiana.

Jan. 5, 1984.

Cole G. Banks, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Lewis C. Reighard, was found by a jury to be guilty of the offense of attempted murder, a Class A felony, Ind.Code Secs. 35-41-5-1, 35-42-1-1(1) (Burns 1979 Repl.), but was also found to be mentally ill. He was sentenced to the Indiana Department of Correction for a term of twenty years. He raises the following two issues in this direct appeal:

1. Whether the trial court erred in refusing to give one of defendant's tendered instructions; and

2. Whether the verdict was supported by sufficient evidence and was not contrary to law.

A brief summary of the facts from the record most favorable to the state shows that in June of 1981, defendant's wife, Beverly Reighard, felt the marital relationship was deteriorating, established a separate residence, and filed for a divorce. On the afternoon of August 25, 1981, defendant took Beverly home from work. They went to Beverly's apartment, since they planned to take their son to the movies. They talked about their relationship and Beverly told defendant there would not be a reconciliation. As Beverly started to get ready to go to the movies, she heard the sound of a gunshot and felt a thump on her chest. Defendant had shot her in the back and the bullet passed through her body. Beverly turned around and saw defendant putting a gun in a white paper bag. She ran outside of the apartment and called for help.

Defendant left the apartment and went to the home of Judy Seely and informed her that he had shot his wife. Later, he went to the home of his brother-in-law where he returned the gun which had been taken without the owner's permission. Subsequently, he was apprehended by the police and confessed to shooting his wife. One police officer testified that defendant appeared visibly upset and nervous when he was apprehended and said that he only wished he had an extra bullet so that he could have ended it for both of them.

Evidence was presented throughout the trial that defendant suffered from a form of mental illness and was often depressed. In September of 1979, the infant son of Beverly and defendant died, and defendant became more despondent. Beverly testified that defendant spent a lot of time at the gravesite and would sit on the couch and rock back and forth pretending that he was talking to the baby. Defendant was also very distraught over the deteriorating marital relationship and was upset that Beverly was dating other men during the separation. Evidence showed that another disturbance occurred during the separation in June of 1981. Defendant and Beverly were riding in a car and talking about their separation. When Beverly said she was dating another man, defendant pointed a gun at her and said if he couldn't have her, nobody else could either. Beverly pushed the gun away and jumped out of the car. She heard gunshots as she ran away.

Other testimony showed that defendant's mental condition affected his job performance. Defendant's sister testified that on August 9, 1981, she rushed defendant to an emergency room for treatment when he came to her house and was shaking very badly and said he couldn't take anymore. Several psychiatrists testified during the trial that defendant was mentally ill. He had been under the care of the Southwestern Mental Health Center since his first divorce. One of the workers at the Health Center talked to defendant about taking a leave of absence from his job, but he said he couldn't take time off because he had three children to support.

I.

Defendant first alleges that the trial court erred in refusing his tendered instruction Number 2. That instruction reads as follows:

"DEFENDANT'S INSTRUCTION NO. 2

"You are aware that the defendant has raised the defense of insanity in this case. You, as jurors, are not bound by definitions or conclusions as to what experts state is mental disease or defect.

"A mental disease or defect includes any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavior control. Whether the defendant has a mental disease or defect is ultimately for you, the jurors, as triers of the fact.

"Ideally, psychiatrists should furnish the raw data upon which the legal judgment is based. It is the psychiatrist who informs as to the mental state of the accused--his characteristics, his potentialities and his capabilities. But once this information is disclosed, it is society as a whole represented by you, the jurors, which decide whether a man with the characteristics described should be or should not be held accountable for his acts.

"The jury, as the trier of the facts, remains the sole sentinel in the protections of both the rights of the accused and welfare of society, enabling finally to consider all relevant facts pertaining to the defendant's mental state at the time the act was committed and being thereby better qualified to render the ultimate moral judgment under the law."

The trial court refused this instruction and gave its own instruction covering the same points:

"COURT'S FINAL INSTRUCTION NO. 31

"In the course of the trial there has been introduced the testimony of several witnesses, some of whom are referred to as expert witnesses, and some of whom are referred to as lay witnesses. You are instructed that an expert witness is one who is presumed to have special qualifications in his profession or vocation by reason of education, training and experience. You are to weigh the testimony of an expert witness in the same manner as you do the testimony of any other witness, taking into consideration the probability of the truth of which he speaks, together with the facts from which he draws his conclusion. You as jurors are not bound by definitions or conclusions as to what experts state is a mental disease or defect. Mental disease or mental defect includes any abnormal condition of the mind which substantially impairs behavior controls. Experts have testified as to their findings and conclusions as to the mental condition of the defendant. You should consider the expert testimony in light of all other testimony presented concerning the development, adaption and functioning of the defendant's mental and emotional processes and behavior controls.

"Generally, a lay witness may not express an opinion, however, any person who had the opportunity to observe the defendant is permitted to express an opinion as to sanity. In determining the value of such opinion, you should consider the opportunity that such witness had to observe the facts and his knowledge of an experience with the defendant.

"The jury has the right to accept or reject any or all of the testimony of witnesses, either expert of lay witnesses on the question of insanity and mental illness. You will apply the general rules for determining the credibility of witnesses. You are not required to necessarily accept the ultimate conclusions of experts or lay witnesses as these opinions may be used by you to aid you in your deliberations. You, the jury, must determine for yourselves from all the testimony, lay and expert, whether the nature and degree of any disability are sufficient to establish a mental disease, a mental defect or a mental illness."

Defendant argues that his tendered instruction more accurately defines the role of psychiatric testimony as it gives the psychiatrists the role of providing the data upon which a legal judgment could be based and clearly informs the jury it has the latitude to accept or reject the conclusions of the expert. We find the trial court's instruction adequately covered this issue as the jury was instructed that it had the right to accept or reject any of the testimony of either expert or lay witnesses and that it was not required to accept the ultimate conclusions of either expert or lay witnesses.

Defendant further argues that his instruction clearly instructed the jury that it was to consider all relevant facts pertaining to his mental state at the time the offense was committed and that the court's instruction did not do this. We disagree with defendant's position as the court's instruction told the jury to consider "the expert testimony in light of all other testimony presented concerning the development, adaptation and functioning of the defendant's mental and emotional processes and behavior controls." The instruction also informed the jury that they must determine for themselves "from all the testimony, lay and expert, whether the nature and degree of any disability are sufficient to establish a mental disease, a mental defect or a mental illness." The trial court's final instruction Number 31 was a correct statement of the law and adequately covered the substance of defendant's instruction Number 2. There was no error in the trial court's refusal to give defendant's instruction. Hall v. State, (1980) Ind., 405 N.E.2d 530; Toliver v. State, (1978) 267 Ind. 575, 372 N.E.2d 452; Vacendak v. State, (1976) 264 Ind. 101, 340 N.E.2d 352.

II.

Defendant next contends that the evidence was insufficient to sustain the...