Taylor v. State, No. 981S231

• Docket Nº: No. 981S231
• Citation: 440 N.E.2d 1109
• Case Date: October 25, 1982
• Court: Supreme Court of Indiana

Page 1109

440 N.E.2d 1109 Ronald TAYLOR, Appellant (Defendant below),
v.
STATE of Indiana, Appellee (Plaintiff below). No. 981S231. Supreme Court of Indiana. Oct. 25, 1982.

Page 1110

Lloyd B. Fisher, Gary, for appellant.

Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

A jury found the defendant, Ronald Taylor, guilty of murder, Ind.Code Sec. 35-42-1-1 (Burns 1979 Repl.) and attempted murder, Ind.Code Sec. 35-42-1-1, supra, and Ind.Code Sec. 35-41-5-1 (Burns 1979 Repl.), and found that he was mentally ill at the time of the offenses. Ind.Code Sec. 35-5-2-3(a)(4) (Burns 1981 Supp.). He was sentenced to concurrent terms of thirty years and twenty years for his respective crimes. In this direct appeal, defendant presents the following issues for our review:

1. Whether the jury's verdict was contrary to law in that the evidence established he was insane at the time of the offenses; and

2. Whether Ind.Code Sec. 35-5-2-3 is unconstitutional in that the term "mentally ill," as defined, can be construed as "insanity," a mental state whereby the ability to form "intent" is precluded.

The record reveals that on September 7, 1980, Jeanette Taylor and her son-in-law, Colby Washington, were shot in their residence in Gary, Indiana. Taylor died of her gunshot wounds, while Washington, who had been shot five times, survived. The subsequent police investigation culminated in defendant's arrest and convictions for the crimes at issue.

I.

Defendant maintains the jury's verdict was contrary to law for the reason that the evidence revealed that he was insane at the time of the offenses. He asserts that inasmuch as the state had the burden of proving his guilt beyond a reasonable doubt, the state also bore the burden of proving beyond a reasonable doubt that he was sane at the time of the offense.

As we explained in Price v. State, (1980) Ind., 412 N.E.2d 783, effective April 1, 1978, the burden of proving insanity was given to the person who interposes the defense. Acts 1978, P.L. 145, Sec. 9, codified at Ind.Code Sec. 35-41-4-1 (Burns 1979 Repl.). Defendant consequently appeals from a negative judgment; only where the evidence is without conflict and leads inalterably to a conclusion contrary to that reached by the trier of fact will the judgment be disturbed. Thomas v. State, (1981) Ind., 420 N.E.2d 1216; Price v. State, supra.

It is true, as defendant asserts, that his own psychiatrist, as well as both court-appointed psychiatrists, testified that defendant was unable to conform his conduct to the requirements of the law at the time the offenses were committed. Their unanimous conclusion that defendant was insane was based on their common diagnoses that defendant suffered from schizophrenia.

Lay witnesses, however, contradicted the experts' conclusions. Both Colby Washington and Lynette Washington, the defendant's sister, testified that at the time of the shootings defendant was sane, did understand right from wrong, and was able to conform his conduct to the requirements of the law. The record reveals that Lynette Washington based her conclusion on her observations of defendant as an eyewitness to one of the shootings, as well as on her past observations of defendant; Lynette, Colby, defendant, and the decedent had shared the premises wherein the shootings occurred. Colby Washington testified that his opinion was based on his observations of defendant at the time of the shooting and on defendant's statements during the shooting.

The jury was entitled to consider both the lay and expert testimony in assessing defendant's mental capacity at the time of the shooting. Morris v. State, (1979) 270 Ind. 245, 384 N.E.2d 1022. Faced with the conflict in the evidence, the jury was free to accept the lay testimony and reject the conclusions of the experts. Duvall v. State, (1981) Ind., 415 N.E.2d 718. Inasmuch as there was evidence to support the jury's factual determination, its conclusion must be sustained. Thomas v. State, supra; Duvall

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v. State, supra; Price v. State, supra. We find no error here.

II.

Defendant also challenges the validity of Ind.Code Sec. 35-5-2-3, supra, ¹ maintaining it is unconstitutional on its face and as applied to the facts before us. Defined in the statute are the verdict alternatives available to the jury when a defense of insanity is interposed. The statute reads in pertinent part:

"Sec. 3. (a) In all cases in which the defense of insanity is interposed the jury (or the court if tried by it) shall find whether the defendant is:

"(1) guilty;

(2) not guilty;

(3) not responsible by reason of insanity at the time of the offense; or

(4) guilty but mentally ill at the time of the offense."

Ind.Code Sec. 35-5-2-3, supra.

Defendant maintains the statute violates due process, equal protection, and the privileges and immunities guaranteed by our constitutions.

His constitutional claims share a common predicate: the definitions of "insanity" and "mentally ill" are so vague and susceptible to misinterpretation by persons of ordinary intelligence that the verdicts outlined in subsections "(a)(3)" and "(a)(4)" are one and the same. He argues that the vagueness of the statutory terms necessarily results in arbitrary and selective application of the two subsections; concomitantly, he argues that the terms "insanity" and "mentally ill" are so vague and overbroad that it denied him reasonable notice of the charge against him and subjected him to "the whim of the jury." In addition, he maintains that whether a person's mental condition is characterized as "insanity" or "mentally ill," the condition nonetheless precludes formulation of the intent necessary to impose criminal penalties.

The legal definition of "insanity," as incorporated by reference in Ind.Code Sec. 35-5-2-3(b), supra, is found at Ind.Code Sec. 35-41-3-6 (Burns 1979 Repl.):

"Sec. 6. (a) A person is not responsible for having engaged in...