Department of Health & Mental Hygiene v. Kelly

918 A.2d 470, 397 Md. 399, 2007 Md. LEXIS 102
CourtCourt of Appeals of Maryland
DecidedMarch 14, 2007
Docket47, September Term, 2006
StatusPublished
Cited by61 cases

This text of 918 A.2d 470 (Department of Health & Mental Hygiene v. Kelly) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Health & Mental Hygiene v. Kelly, 918 A.2d 470, 397 Md. 399, 2007 Md. LEXIS 102 (Md. 2007).

Opinions

BATTAGLIA, J.

The case sub judice presents this Court with the task of determining whether Section 10-708(g) of the Health-General Article of the Maryland Code (1982, 2005 RepLVol.)1 requires [402]*402the State to prove that an individual, because of his mental illness, is dangerous to himself or others within a state institution before it may forcibly administer medication. Because we hold that Section 10-708(g) does so require, we shall affirm the judgment of the Circuit Court for Baltimore City.

I. Introduction

Between 2002 and 2003, Anthony Kelly was charged in four indictments with two counts of murder, both capital offenses, two counts of first-degree rape, one count of first-degree burglary, one count of second-degree burglary, two counts of robbery with a dangerous and deadly weapon, one count of first-degree assault, three counts of theft over five hundred dollars, one count of theft under five hundred dollars, three counts of the use of a handgun in a crime of violence, and one [403]*403count of transporting a handgun by vehicle. Kelly was represented by the Office of the Public Defender with respect to three of the indictments, but represented himself with respect to the charges in the fourth indictment.

During a pre-trial hearing on July 18, 2003, Kelly moved to discharge his attorneys, contending that he would rather represent himself because he had lost confidence in them. As a result of this motion, Judge Durke G. Thompson of the Circuit Court for Montgomery County held a competency hearing on September 16, 2003 and referred Kelly to the Clifton T. Perkins Hospital, a maximum security psychiatric hospital operated by the Maryland Department of Health and Mental Hygiene, for evaluation.

Kelly was evaluated by Dr. Rosemary Carr-Malone, a Forensic Psychiatry Fellow at Perkins Hospital, and Dr. Lisa Hovermale, a liaison with developmentally disabled patients at Springfield State Hospital. The competency evaluation, which was memorialized in a Pretrial Psychiatric Evaluation Report, was completed on February 5, 2004, and concluded that Kelly had a mental disorder that influenced his thinking and his behavior and that he was not competent to stand trial. The report found that although Kelly was competent enough to understand the nature of the proceedings against him, i.e., the charges against him, the possible penalties he faced, the roles of the judge, jury, witnesses, and attorneys, and the potential plea options, he did not understand the adversarial nature of those proceedings and could not assist in his defense:

Kelly was not malingering symptoms of a mental illness. In fact, he denied having a mental illness, or having any symptoms or behaviors suggesting that he had a mental illness. Kelly wanted to be found competent to stand trial, and he believed that he was competent. Despite Kelly’s statements to the contrary, Kelly did not understand the adversarial object of the court system, and was unable to assist with his defense, as evidenced by Kelly’s evaluations at [Perkins Hospital], his writings, and his behavior. Kelly’s thinking and behavior were profoundly influenced by his persecutory and grandiose delusional beliefs to the point of [404]*404interfering with his ability to understand the adversarial object of the proceedings, and to assist with his defense by planning a legal strategy and making reasoned choices. Therefore, to a reasonable degree of medical certainty, Kelly understood the nature of the proceedings against him. However, he was unable to understand the object of the proceedings against him, or assist in his defense, due to delusional symptoms derivative of a mental disorder.

The report also concluded that Kelly was “considered dangerous,” because he “had a history of assaultive and violent behavior,” and “was charged with serious crimes.”

Judge Thompson determined that Kelly was not competent to stand trial on June 3, 2004, and subsequently issued a Memorandum Opinion Upon Competency of the Defendant which determined that Kelly’s thinking on critical issues surrounding his case merited the “inescapable” conclusion that he was delusional, and that although his intentions to assist his case were meritorious, his actions had been “counter-productive to his own representation.” With respect to Kelly’s release on bail, the court presumed that he was dangerous to himself or others:

This Court may consider the release of the defendant on a bail bond if the defendant is deemed to be not dangerous as a result of a mental disorder or retardation to himself, to others, or to the property of others. Given the gravity of the charges pending against the defendant, it is fair to say that, if proven, the charged actions of the defendant represent a risk to the public of the most dangerous degree. Consequently, the Court grants defendant’s counsel leave to request a hearing, if they so desire, to determine the degree of dangerousness the defendant’s release would represent to the public. If there is no request for further hearing, then this Court will treat the issue of dangerousness as having been established.
In the event the defendant is not released on bail due to his dangerousness, this Court may order the defendant committed to the facility that the Health Department designates until this Court is satisfied that the defendant no longer is [405]*405incompetent to stand trial, or is no longer a danger to self, others, or the property of others by reason of his mental condition. Md.Code Ann., Crim. Proc. § 3—106(b)(1) (2004).

Neither Kelly nor his counsel requested a hearing regarding his dangerousness or any release on bail. Because the record does not include any other order for commitment, we have assumed that Judge Thompson did not make an explicit finding regarding the issue of dangerousness and committed Kelly to Perkins Hospital pursuant to Section 3-106 of the Criminal Procedure Article, Maryland Code (2001).2

During his confinement at Perkins Hospital, Kelly denied he had a mental disorder, and except for a six-month period from May 2004 until November 2004, did not take the antipsychotic medications prescribed for him. On August 18, 2005, the Department of Health and Mental Hygiene notified Kelly that a Clinical Review Panel would be reviewing his eligibility for forced psychiatric medication pursuant to Section 10—708(b)(2) of the Health-General Article. On August 23, 2005, the Clinical Review Panel convened and approved the forced administration of medication for treatment of Kelly’s delusional disorder:

Without the medication, you are at substantial risk of continued hospitalization because of ... [r]emaining seriously mentally ill with no significant relief of the mental illness [406]*406symptoms that cause you to be a danger to yourself or to others ... or ... [remaining seriously mentally ill for a significantly longer period of time with mental illness symptoms that cause you to be a danger to yourself or to others.

Kelly appealed the Clinical Review Panel’s decision to the Office of Administrative Hearings, and during the hearing before the ALJ, testimony was taken from Dr.

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Bluebook (online)
918 A.2d 470, 397 Md. 399, 2007 Md. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-health-mental-hygiene-v-kelly-md-2007.