Clifton v. State

440 P.3d 300
CourtCourt of Appeals of Alaska
DecidedFebruary 6, 2019
DocketCourt of Appeals No. A-12395
StatusPublished

This text of 440 P.3d 300 (Clifton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clifton v. State, 440 P.3d 300 (Ala. Ct. App. 2019).

Opinion

Judge MANNHEIMER.

In August 2006, Karan Vanae Clifton was working at an Anchorage longterm care facility, where she was responsible for administering medications to patients. Two managers of the facility-Clifton's direct supervisor, and a human resources manager-asked Clifton to meet with them to discuss her failure to properly document her administration of medications, as well as Clifton's comments that government agents were engaged in a conspiracy to sabotage her life.

At this meeting, Clifton was told that she would have to submit to a psychiatric examination before she could return to work. In response, Clifton pulled a semi-automatic pistol from her purse, shoved it against her supervisor's chest, and pulled the trigger. Fortunately, Clifton had neglected to rack the pistol, so there was no cartridge in the firing chamber.

Clifton's supervisor was able to wrest the pistol from her, and several employees restrained Clifton until the police arrived.

Clifton was ultimately convicted of one count of attempted murder (for trying to kill her supervisor) and one count of third-degree assault (for placing the human resources manager in fear of imminent serious physical injury). She received a composite sentence of 50 years' imprisonment with 20 years suspended (i.e. , 30 years to serve).

In this appeal, Clifton challenges several of her conditions of probation, and she also requests a correction of her pre-sentence report. For the reasons explained in this opinion, we vacate the challenged conditions of probation, and we direct the superior court to amend one of the statements in the pre-sentence report.

The probation condition requiring Clifton to take all medications prescribed for her by a licensed medical practitioner approved by her probation officer

Clifton challenges Special Probation Condition 11, which requires her to "ingest, take[,] or receive by way of injection medications as prescribed by a licensed practitioner who has been approved by the probation officer or by [the Anchorage Community Mental Health Services' Institutional Discharge Program] in consultation with the defendant."

We have recently addressed this same probation condition in two published decisions.

*303In Kozevnikoff v. State1 and in Love v. State ,2 we held that this type of probation condition must be subjected to special scrutiny-both because this probation condition restricts a defendant's right of self-determination regarding medical treatment, and because it potentially requires a defendant to take psychotropic medication against their will.

In Clifton's case, even though the challenged probation condition ostensibly applies to any and all medications that might be prescribed by Clifton's doctors, we do not read the condition so broadly. This probation condition must be interpreted in the context of Clifton's case-and, given that context, we interpret the probation condition as applying only to mental health medication that Clifton's medical providers deem necessary for her rehabilitation and/or the safety of the public.

But even so limited, the challenged probation condition falls squarely within the scope of our decision in Kozevnikoff . In Kozevnikoff , we held that even when the record suggests that a defendant might need psychotropic medication, the sentencing judge must not impose a condition of probation that requires the defendant to take such medication against their will unless the judge has held a hearing "where medically informed expert testimony ... is presented to the judge", and where the defendant has "the opportunity to present [their] own expert testimony, and to argue for alternatives to any medication at all, or to a particular medication."3

We also recognized in Kozevnikoff that, especially when a defendant receives a lengthy term of imprisonment (as is true in Clifton's case), it is often better for the sentencing court to make this type of decision closer to the time when the defendant is released on probation. Accordingly, we held that a sentencing judge has the authority to impose a condition of probation that calls for a judicial hearing near the date of the defendant's release-to determine whether, at that time, the circumstances justify an order compelling the defendant to take medication. Ibid.

The record in Clifton's case shows that the sentencing judge affirmatively evaluated the need to compel Clifton to take psychotropic medication. However, as we are about to explain, the record also shows that the judge did not apply the correct level of scrutiny to the proposed probation condition.

The author of Clifton's pre-sentence report noted that Clifton had been diagnosed as suffering from "Delusional Disorder, Persecutory Type". According to the pre-sentence report, this delusional disorder is a chronic mental illness that is "frequently lifelong", and treatment of this disorder would normally include "a combination of drug therapy and psychotherapy". The author of the pre-sentence report warned that if Clifton did not comply with this medication regimen, "her delusional beliefs [could] escalate to another confrontational situation"-i.e. , a return to the "bizarre and violent behavior" she exhibited in this case.

The prosecutor likewise asked the sentencing court to require Clifton to take prescribed psychotropic medication because, unless the conditions of probation addressed Clifton's mental illness, "you have a walking time bomb".

Clifton's defense attorney acknowledged that Clifton's statements and behavior "may have" reflected disordered thinking, but the defense attorney objected to the proposed probation condition because no one had presented the court with information about "what medication [Clifton] ha[d] been prescribed, by whom or for what purpose", or "the effectiveness of a particular medication, or its side effects".

The defense attorney noted that several years had passed since Clifton's offenses and that, during those years, the Department of Corrections had not found it necessary to *304forcibly medicate Clifton. Instead, according to the defense attorney, "[Clifton's] current mental health treatment providers describe[d] her as capable of functioning in society".

The sentencing judge noted the "long history" of Clifton's case (i.e. , the several occasions on which the court litigated Clifton's competency to stand trial), and the judge recounted his own experiences with Clifton in court. He conceded that Clifton was currently doing "very well in a controlled environment", and that the "signs and symptoms of her mental illness [had] dissipated", but the judge noted that, in times past, Clifton's mental illness had rendered her "incomprehensible", with perceptions that were "not rooted in reality".

The sentencing judge concluded that Clifton's prospects for rehabilitation rested on the "degree of [her] mental illness, and ... how responsive [her] condition is to treatment", as well as the possibility of "relapse into similar conduct once Ms. Clifton is out of a controlled environment".

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Related

Roman v. State
570 P.2d 1235 (Alaska Supreme Court, 1977)
State v. Thomas
133 P.3d 684 (Court of Appeals of Alaska, 2005)
Peratrovich v. State
903 P.2d 1071 (Court of Appeals of Alaska, 1995)
State v. Ranstead
421 P.3d 15 (Alaska Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
440 P.3d 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifton-v-state-alaskactapp-2019.