Court: Judge wrongly found grandmother killer sane
Lawyer Blogs
The Indiana Supreme Court has determined a judge wrongly considered the condition of the state's mental health system in rejecting an insanity defense for a man convicted of stabbing his grandmother to death in front of family members.
In a 3-2 decision Wednesday, the justices said it was inappropriate for the judge to consider whether Gregory Galloway may have eventually been released if he was sent to a mental health facility.
Instead, he was found guilty but mentally ill and was sentenced to 50 years in prison. If he had been found insane, Galloway would have been sent to a mental hospital instead of prison.
"It is not for the judicial branch to decide that a legally insane defendant should be convicted and sentenced to prison because of the condition of the state's mental health system," Justice Frank Sullivan wrote in the 23-page ruling. "While we sympathize with the difficulty of the trial court's decision, we cannot sustain it."
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.