CATE v. STATE

No. 49S00-9308-CR-920.

644 N.E.2d 546 (1994)

Andrew CATE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 14, 1994.


Attorney(s) appearing for the Case

Howard Howe, Indianapolis, for appellant.

Pamela Carter, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.


SHEPARD, Chief Justice.

Appellant Andrew Cate was found guilty but mentally ill of murdering his two-year-old daughter, for which he received the maximum sixty-year prison sentence. There is no question that he committed the heinous act. He is also obviously suffering from some degree of mental incapacity.

On direct appeal, Cate challenges his conviction on three grounds. First, Cate asserts that, in the face of "uncontroverted" expert testimony showing his...

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