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Patterson v. State

Court of Appeals of Indiana

September 14, 2018

Rodney G. Patterson, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Delaware Circuit Court The Honorable Kimberly S. Dowling, Judge Trial Court Cause No. 18C02-1709-F1-16

          ATTORNEY FOR APPELLANT Jack Quirk Muncie, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ian McLean Supervising Deputy Attorney General Indianapolis, Indiana

          BAILEY, JUDGE.

         Case Summary

         [¶1] Rodney G. Patterson ("Patterson") was brought to trial on several counts. At trial, Patterson pursued an insanity defense, but the jury found him guilty but mentally ill as to the most serious count of Attempted Murder, a Level 1 felony, [1] and guilty of the remaining counts tried to it. Patterson now appeals.

         [¶2] We affirm.

         Issues

         [¶3] Patterson presents two issues, which we restate as follows:

I. Whether his insanity defense should have prevailed; and
II. Whether the trial court committed fundamental error in instructing the jury on the insanity defense.

         Facts and Procedural History

         [¶4] On the afternoon of September 1, 2017, Patterson spoke with his apartment manager, Tony Ong ("Ong"), who lived a couple of doors down in Muncie. Ong asked Patterson when he would be paying rent that day, and Patterson said that he would see what he could do. Patterson returned to his apartment.

         [¶5] Around 9:00 p.m., Jan Borror ("Borror"), who lived nearby, saw Patterson wearing a closed-faced motorcycle helmet and trench coat, standing still "like a statue" against an exterior wall. Tr. Vol. II at 205. Borror called Ong to tell him about Patterson's behavior. Ong was not very concerned. About thirty minutes later, Ong was inside his apartment when he saw Patterson wearing a motorcycle helmet, peeking in through the storm door. Ong nodded and waved at Patterson, who jerked away. Ong got up, opened the door, and greeted Patterson. Patterson did not respond and turned away. Patterson then turned back ...


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