State v. Berryman

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 10A01-0202-CR-76

The State of Indiana appealed two reserved questions of law pursuant to Indiana Code § 35-38-4-2 following a jury's 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 prosecutor's motion to exclude the…