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ATTORNEY FOR APPELLANT Stacy R. Uliana Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Stephen Creason Angela N. Sanchez Deputy Attorneys General Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 33S01-1004-CR-163 GREGORY L. GALLOWAY,

FILED
Dec 22 2010, 1:03 pm
of the supreme court, court of appeals and tax court

CLERK

Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Henry Circuit Court, No. 33C01-0710-MR-0002 The Honorable Mary G. Willis, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 33A01-0906-CR-280 _________________________________ December 22, 2010 Sullivan, Justice.

Despite nonconflicting expert and lay opinion testimony that defendant Gregory Galloway was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system. This was insufficient to sustain the trial courts finding because there was no probative evidence from which an inference of sanity could be drawn.

Background

The defendant, Gregory Galloway, was found guilty but mentally ill for the October, 2007, murder1 of his grandmother, Eva B. Groves. The defendant raised the "insanity defense"2 at his bench trial. The trial court found that although the defendant had a long history of mental illness, he did not meet his burden of proving that he was "insane" at the time of the crime.

The trial court concluded, based on the expert testimony and the numerous medical records introduced into evidence, that the defendant suffers from bipolar disorder, an Axis I psychiatric disorder.3 This evidence showed that prior to his killing his grandmother, the defendant had had a long history of mental illness, and he had had many "contacts" with the mental health system.4 He had been diagnosed with bipolar disorder by up to twenty different physicians, often with accompanying psychotic and manic symptoms. He had also been voluntarily and involuntarily detained or committed for short-term treatment more than fifteen times.

The defendant was first diagnosed with an Axis I mental illness in 1989, when he was a senior in high school. By 2000, his mental health became more problematic; he had difficulty holding a steady job, he struggled with substance abuse,5 and his marriage failed. Despite these
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Ind. Code

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