from the Greene Circuit Court The Honorable Erik C. Allen,
Judge Trial Court Cause No. 28C01-1408-F1-2
ATTORNEY FOR APPELLANT Kimberly A. Jackson Indianapolis,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Ellen H. Meilaender Deputy Attorney General
Michael Miller appeals his conviction for attempted murder.
We reverse and remand.
The issues we address today are:
I. whether Miller was denied his right to a speedy trial
under Indiana Criminal Rule 4(B);
II. whether the trial court properly rejected his insanity
III. whether the trial court applied an incorrect standard in
convicting Miller of attempted murder.
At about 11:30 p.m. on the night of August 10, 2014, Jeremy
Kohn was sitting on the porch of his residence in Bloomfield
with his girlfriend, Kylee Bateman. Kohn and Bateman observed
Miller twice approach a neighboring house, knock on the door
or ring the door bell, and then walk away. Kohn did not know
Miller personally but believed he may have gone to school
with him. Kohn and Bateman waved at Miller. Bateman was
telling Kohn a story that may have made them both laugh;
Miller apparently believed Kohn and Bateman were laughing at
him. He then approached Kohn "nonchalantly, " drew
a pocketknife with a three-to-four-inch blade, and cut
Kohn's throat without saying a word. Tr. p. 53. Miller,
who had a "blank look" on his face, then turned
around and left, still without saying anything. Id.
The cut to Kohn's neck was not deep enough to damage his
jugular vein, carotid artery, or trachea, although a slightly
deeper cut could have done so and would have posed a risk of
death. The wound required over forty stiches to close.
On August 13, 2014, Marshall Randy Raney of the Worthington
Police Department responded to a report of a suspicious
person in a local cemetery. Worthington is about twelve miles
from Bloomfield. The suspicious person was Miller. Marshall
Raney believed Miller seemed "backward" and quiet.
Id. at 74. Miller told Marshall Raney that he was
trying to hitchhike his way to Indianapolis. At the time of
this encounter with Marshall Raney, Miller had not yet been
identified as a suspect in the attack on Kohn.
Later on August 13, Miller was arrested in Worthington, about
twelve miles away from Bloomfield. As Miller was being placed
in handcuffs by Deputy Harvey Holt of the Greene County
Sheriff's Department, he said that he knew why he was
being arrested and asked what charges he would face. Miller
then submitted to an interview conducted by Officer Marvin
Holt of the Bloomfield Police Department after waiving his
During the interview, Miller said he had been attempting to
return a textbook and some flashcards to a former teacher;
Miller was twenty-four years old at the time of the crime. He
volunteered several times that he was not
"paranoid" or "psychotic" or on drugs,
but he also said that people he encountered often attempted
to frighten him or laughed at him. Ex. 7. He then admitted
that he cut Kohn's throat with a knife after Kohn and
Bateman smiled at him, and Kohn looked at Bateman and shook
his head. Officer Holt related that family members had
expressed concern about Miller's mental health and asked
Miller whether he believed he needed help or medication;
Miller denied that he did so and said he believed he was
fine. Miller said that, because he did not hear any sirens
after cutting Kohn's throat, he assumed neither Kohn nor
Bateman called police or the police did not care, and he
decided to go to Indianapolis, apparently by a combination of
walking and hitchhiking. Miller also engaged Officer Holt in
conversation about why it had taken several days for police
to contact him and said he was aware that what he had done
was against the law. Officer Holt asked Miller whether he
wanted to kill Kohn, and Miller replied that he did not care.
He said that he accepted responsibility for what he had done
and that he assumed he would go to jail and asked Officer
Holt if he could bring his Bible to jail. At one point, after
Officer Holt asked Miller whether he might hurt someone again
in the future, Miller explained, "Some people can view
human life the same way but have different outcomes because
of emotion. I don't have the emotion." Id.
at 15:50. Miller had a calm demeanor during the interview,
spoke throughout in an even and emotionless tone of voice,
and ate a candy bar and drank a soda while he talked to
On August 14, 2014, the State charged Miller with one count
of Level 1 felony attempted murder and one count of Level 3
felony aggravated battery. The charging information for
attempted murder read in part that Miller "did knowingly
or intentionally attempt to commit the crime of Murder,
to-wit: to knowingly kill Jeremy Kohn, and Michael A. Miller
did engage in conduct which constituted a substantial step
toward the commission of the crime of murder, to-wit: cut
Jeremy Kohn's throat with a knife . . . ." App. p.
29. The State later amended the information to reduce the
battery charge to a Level 5 felony.
It is undisputed that Miller has a lengthy history of mental
illness. His mother reported that he was oxygen-deprived
during birth and began exhibiting abnormal behavior at age
two, such as hyperactivity and self-isolation from other
children. Miller was learning disabled, and in second grade,
he began attending therapy and taking medication. Miller
regularly attended therapy between the ages of nine and
seventeen, when he quit because it "wasn't really
going well." Tr. p. 117. As a child, Miller was
diagnosed with attention deficit hyperactivity disorder and
depression, and apparently was suspected at one point of
having autism. Testing at age nine revealed Miller had brain
abnormalities, although the precise nature of those
abnormalities is unclear.
After graduating high school, Miller's behavior became
more bizarre, and he was unable to hold down a job. He would
often whistle, though just one note and not a melody. He
would approach people and touch their faces. He would
constantly tap on things. In the three years leading up to
the crime, Miller was very withdrawn and isolated, and he had
rarely if ever left his family's property during that
On August 15, 2014, Miller's attorney filed a notice of
defense of mental disease or defect. At the end of September
2014, a court-appointed psychologist, Mark Hickman, reported
to the trial court his belief that Miller was suffering from
"Delusional Disorder, Paranoid Type . . . ." App.
at 135. Hickman further believed that, because of this mental
disorder, there was "reason to doubt both his sanity at
the time of the alleged crime, as well as his current
comprehension and competency to stand trial and to work with
an attorney on his own defense." Id.
A court-appointed psychiatrist, Dr. Gregory Sidell, also
examined Miller and submitted a report to the trial court at
the end of January 2015. Dr. Sidell stated that Miller had
described a "bizarre delusional system" that
included hearing the voice of his grandmother, whom Miller
called "a witch." Id. at 137. Miller said
his grandmother controlled demons, who in turn controlled
Freemasons, and that Miller was somehow under the control of
a Freemason when he cut Kohn's throat. Id. at
139. Miller also related his belief that persons often mocked
him, which was part of a "prophecy" that had been
revealed to Miller. Id. Dr. Sidell believed that,
"although [Miller was] aware at the time of the wrongful
nature of his actions, [he] nevertheless appears to have been
operating under the influence of a complicated psychotic
delusional system, consistent with schizophrenia."
Id. at 140. Dr. Sidell also believed that
Miller's "ability to assist his defense counsel is
very limited, because he believes counsel to be a member of
the Freemasons." Id.
On March 16, 2015, the trial court, with the consent of both
the prosecutor and defense counsel, entered an order finding
Miller incompetent to stand trial and committed him to the
Division of Mental Health and Addictions. Miller was
transported to Logansport State Hospital ("the
Hospital"), where he received treatment, including
medication, for schizophrenia. On July 21, 2015, the Hospital
certified to the trial court that Miller was competent to
stand trial,  and he was transported back to the Greene
County Jail to await trial.
On August 25, 2015, Miller filed a motion for speedy trial.
The trial court scheduled a jury trial to begin on October
19, 2015, within the seventy-day speedy trial limit; the
seventy-day deadline would have expired on November 3, 2015.
Miller later requested a bench trial, and one was scheduled
for the same date, October 19, 2015. On August 26, 2015, the
trial court entered an order requiring the Hospital to
produce to Miller's attorney, by September 9, 2015, all
of Miller's medical and mental health records. There is
no indication in the record that the Hospital failed to
produce the records by that date, and/or that such records
could not be or were not available to the State in a similar
On September 10, 2015, the State filed a motion to compel
Miller to submit to an examination by a psychiatrist it had
retained, Dr. David Crane. The State represented that it had
"provided to Dr. Crane the relevant documents and discs
in its file to assist him in his evaluation of the Defendant
but is requesting a Court Order authorizing the Defendant to
be evaluated by Dr. David Crane as soon as possible . . .
." Id. at 70. The trial court granted the
motion to compel on September 15, 2015.
On September 21, 2015, the State scheduled an evaluation of
Miller by Dr. Crane to be conducted on October 8, 2015. On
September 22, 2015, the State filed a motion to continue the
trial to allow Dr. Crane additional time to review medical
records and prepare a report about Miller. Specifically, Dr.
Crane wrote a letter provided to the trial court stating:
I have reviewed the material you [the prosecutor] sent
regarding Michael Miller.
Based on that review, it would be extremely helpful to have
records from any previous medical care he received while in
Logansport, as well as, the examinations that were done by
the two appointed experts.
Recognizing the potential delays in gathering this
information, I would like to request a delay from the court