David, J.
This Court has addressed several cases where insanity defenses were unsuccessful, even in light of non-conflicting expert testimony that the defendants were insane at the time of the offense. Galloway, 938 N.E.2d at 710. “Each time we have upheld the conviction(s) because the evidence as to the defendant’s insanity was in conflict and thus sufficient to sustain the trier of fact’s determination of sanity.” [Citations omitted.] In each instance, “there has been other sufficient probative evidence from which a conflicting inference of sanity reasonably could be drawn.” Galloway, 938 N.E.2d at 710. For example, demeanor evidence, “when considered in light of the other evidence” can permit a jury to draw a reasonable inference of sanity. Id. at 712 (citing Thompson, 804 N.E.2d at 1149). This is true because “testimony regarding behavior before, during, and after a crime may be more indicative of actual mental health at [the] time of the crime than mental exams conducted weeks or months later.” Thompson, 804 N.E.2d at 1149 (citing Barany, 658 N.E.2d at 64).
. . . .
Despite the evidence presented by the State, reasonable minds could interpret a conflict in the evidence regarding Myers’ sanity at the time of the offense. Myers’ actions could be interpreted as calculated and deliberate when he aimed a gun and fired directly at multiple victims. Additionally, Myers’ fleeing from police and attempts to avoid arrest could also indicate a level of consciousness that he had done something punishable. Furthermore, Myers’ only verbal communication with law enforcement prior to his apprehension was seemingly rational and cognizant of what was being requested of him. Myers sensibly explained that he was unable to comply with the police request to raise both arms because he had been shot. Finally, Myers’ demeanor after the incident at the hospital could also lead an individual to believe Myers was cognizant of the wrongfulness of his conduct. Even though Myers made statements that he wanted an attorney so he could sue the police for shooting at him, a jury could still determine that this demonstrated some understanding that shooting at people is wrong.
Though there was evidence that could also support the conclusion that Myers was insane at the time of the crime, “[i]t is not necessary that the court find the circumstantial evidence excludes every reasonable hypothesis of innocence. It need only be demonstrated that inferences may reasonably be drawn which support the finding of guilt.” Thompson, 804 N.E.2d at 1150 (quoting Metzler, 540 N.E.2d at 610). It is not within the purview of this Court to reverse the jury’s verdict simply because a “more reasonable” inference could be made. [Footnote omitted.] Thompson, 804 N.E.2d at 1150. Rather, the fact that a conflicting inference can be made is controlling. For example, while fleeing and hiding from the police could be consistent with the fact that Myers was suffering from a delusion at the time of the offense, a jury could also infer that this is evidence demonstrating Myers’ understanding of the wrongfulness of his conduct. It is not the role of this Court to reweigh the evidence presented at trial and make a determination on which of those inferences the jury should have made, or to determine what reasonable inferences could have been drawn by the jury. Based on the evidence presented at trial, it is possible for a jury to have made a reasonable inference that Myers was mentally ill but still able to understand the wrongfulness of his conduct at the time of the offense. Therefore, Myers’ convictions on four counts of attempted murder are affirmed.
. . . .
Myers has asserted that his due process right under the Fourteenth Amendment to the Federal Constitution was violated when the prosecutor’s closing arguments and testimony at trial both discussed his invocation of his right to remain silent and to an attorney. . . . .
. . . .
Each of the aforementioned cases reach their holdings by relying either implicitly or explicitly on two factors: 1) That the defendant had been advised of his constitutional right to remain silent and to an attorney; and 2) That the defendant invoked those rights during a custodial interview. In the current case, neither of these prerequisites for finding a constitutional violation have occurred.
. . . .
Since there is no indication that Myers was advised of his Miranda rights or that he clearly invoked those rights in response to a custodial interview, we cannot hold that the admission of testimony at trial or the prosecution’s closing statements regarding Myers’ post-arrest silence and request for an attorney violated his constitutional right to due process. Absent a constitutional violation, the evidence of Myers’ preference not to speak to police and confused request for an attorney are relevant to his sanity. “This Court has frequently held that when the defendant’s sanity is in issue, all evidence is admissible which relates to his behavior or environment and has some logical relevance to the issue of his sanity.” Howard v. State, 265 Ind. 503, 507, 355 N.E.2d 833, 835 (1976) (citing Stamper v. State, 260 Ind. 211, 216, 294 N.E.2d 609, 612 (1973)). This is not to suggest that relevance of the defendant’s behavior would trump a constitutional violation. However, where no constitutional violation has occurred, evidence that is indicative of the defendant’s sanity would otherwise be admissible, absent some other evidentiary bar to the admission of the evidence. As such, the trial court did not err in allowing this testimony or in permitting the statements made by the prosecution in closing. Because it is our collective judgment that there was no error, we need not address whether the error was harmless. [Footnote omitted.]
Rush, C.J., Dickson and Massa, J.J., concur.
Rucker, J., dissents with separate opinion:
In Galloway v. State, this Court evaluated the circumstances under which a defendant is entitled to a verdict of not guilty by reason of insanity despite a fact-finder’s verdict to the contrary. See 938 N.E.2d 699 (Ind. 2010). Because today’s opinion retreats from and thus undermines Galloway, I respectfully dissent.