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GALLOWAY v. STATE

No. 33S01-1004-CR-163.

938 N.E.2d 699 (2010)

Gregory L. GALLOWAY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 22, 2010.

Attorney(s) appearing for the Case

Stacy R. Uliana , Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Stephen Creason , Angela N. Sanchez , Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 33A01-0906-CR-280

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 court's finding because there was no probative...

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