Marley v. State

I respectfully disagree with the majority’s resolution of Marley’s statutory construction claim, which I believe to be dis-positive of her appeal. Initially, I would observe that the Effects of Battery Insanity Statute, Indiana Code Section 35-41-3-11, is a particular species of the insanity defense 4 that applies only when a “defendant in a prosecution raises the issue that the defendant was at the time of the alleged crime suffering from the effects of battery as a result of the past course of conduct of the individual who is the victim of the alleged crime.” Ind.Code § 35^41-3 — 11(b)(1).…