Turner v. State, No. 381S61

• Docket Nº: No. 381S61
• Citation: 428 N.E.2d 1244
• Case Date: December 15, 1981
• Court: Supreme Court of Indiana

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428 N.E.2d 1244 Joyce Lynette TURNER, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below). No. 381S61. Supreme Court of Indiana. Dec. 15, 1981.

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Debra K. Luke, Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (Appellant), following a trial by jury, was convicted of murder, Ind.Code § 35-42-1-1 (Burns 1979) and sentenced to thirty-one (31) years imprisonment. This direct appeal presents the following issues:

(1) Whether the verdict is supported by sufficient evidence?

(2) Whether the trial court erred in admitting the testimony of a police officer who interrogated the defendant?

(3) Whether the trial court abused its discretion in admitting testimony from a witness who had violated an order that the witnesses be separated?

The evidence most favorable to the State shows that the deceased, Charles Turner, was present, in the living room, at the home of his estranged wife, Joyce Turner (the defendant) during the evening of January 17, 1980. An argument ensued between them during which the deceased grabbed his grandchild and later struck at the defendant. The couple's daughter was present but fled from the room when the defendant drew a gun. Shortly thereafter, shots were heard from the living room. When the couple's daughter re-entered the room, immediately thereafter, she found the defendant with the gun and the deceased lying on the floor with bullet wounds in his chest.

Defendant claimed that she had acted in self-defense and also entered a plea of not guilty by reason of insanity.

ISSUE I

Defendant asserts that there was insufficient evidence to support the verdict of the jury with respect to her sanity. In this

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regard, she misperceives the burden that she is under.

Under Ind.Code § 35-41-4-1(b) (Burns 1975) the defendant invoking a defense of insanity has the burden of proving such insanity by a preponderance of the evidence. Basham v. State, (1981) Ind., 422 N.E.2d 1206.

One who has interposed such a defense and failed therein at the trial level has a monumental burden if he seeks to upset the finding of the fact trier on appeal, for he is appealing from a negative finding, and the issue is not whether or not the finding was sustained by the evidence but rather whether it was contrary to all the evidence and hence contrary to law. It is only where the evidence is without conflict and leads to but one conclusion and the trier of fact has reached an opposite conclusion, that the decision predicated upon such finding will be disturbed as being contrary to law. Walker v. State, (1978) 267 Ind. 649, 651, 372 N.E.2d 739, 740.

At the trial, three medical experts testified on the issue of whether the defendant was legally insane at the time of the shooting. One doctor testified that he thought that the defendant was not legally insane. Two other doctors testified that they had independently examined the defendant and had found that she was insane at the time of the shooting. Defendant's children also testified about her delusional behavior, her belief that she possessed psychic powers, her belief that someone was trying to kill her and her family, and other alleged indicia of insanity.

The evidence relative to Defendant's sanity was in conflict. Thus it cannot be said that the jury's finding thereon was contrary to law.

Defendant also contends that the State failed to prove beyond a reasonable doubt that the defendant did not kill her husband in lawful defense of herself and directs our attention to several aspects of the evidence supportive of a claim of self defense. The couple was estranged. He was large, and in good physical condition. They had had frequent verbal altercations, he had, on past occasions threatened her with physical harm, and she was afraid of him.

However, there was also evidence that she had, on the Sunday prior to the fatal incident, threatened to kill the decedent unless he brought her some money. Earlier in the evening of the incident, Defendant and decedent had had a conversation in the living room of Defendant's home. Defendant exited from the room and had a telephone conversation in the bedroom, and Decedent went on a brief errand for one of his daughters, who also resided there. While he was gone, Defendant...