Attorneys for Appellant Attorney for Appellee
Steve Carter Jeffrey D. Stonebraker
Cecelia K. Hemphill Jeffersonville, Indiana
Appeal from the Clark Superior Court, No. 10D01-0111-CF-124
The Honorable Jerome F. Jacobi, Judge
On Petition To Transfer from the Indiana Court of Appeals, No. 10A01-0202-CR-76
January 9, 2004
The State of Indiana appealed two reserved questions of law pursuant to Indiana
Code § 35-38-4-2 following a jurys finding that Alan Lee Berryman was not
responsible by reason of insanity on the charge of murder. The Indiana
Court of Appeals affirmed in part and reversed in part. State v.
Berryman, 796 N.E.2d 741 (Ind. Ct. App. 2003). The State filed a
petition seeking transfer of jurisdiction over the appeal to this Court.
The State claimed the trial court erred in denying the prosecutors motion to
exclude the testimony of Berrymans expert witnesses. In finding no error, the
Court of Appeals discussed the significance of the fact that the prosecutor did
not seek an order compelling Berryman to cooperate with court-appointed mental health experts.
Id. at 744-45. The court stated, Had there been such an
order compelling Berrymans cooperation, and a hearing advising him that the testimony of
his experts could be excluded if he failed to cooperate with the court-appointed
experts, the result in this case may have been different. Id. at
Pursuant to Ind. Appellate Rule 58(A), we grant the States petition seeking transfer
of jurisdiction and modify the previously quoted statement to read as follows: Had
there been such an order compelling Berrymans cooperation, and a hearing advising him
that the testimony of his experts could be excluded if he failed to
cooperate with the court-appointed experts, the State would have prevailed on this issue.
In all other respects, we summarily affirm the opinion of the Court
All Justices concur except Dickson, J., who agrees with the dissent of Friedlander,
J., reported at 796 N.E.2d 746, and dissents from this opinion on that