Hubbard v. State

31 S.W.3d 25, 2000 Mo. App. LEXIS 1179, 2000 WL 1072369
CourtMissouri Court of Appeals
DecidedAugust 1, 2000
DocketWD 57484
StatusPublished
Cited by22 cases

This text of 31 S.W.3d 25 (Hubbard v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hubbard v. State, 31 S.W.3d 25, 2000 Mo. App. LEXIS 1179, 2000 WL 1072369 (Mo. Ct. App. 2000).

Opinions

EDWIN H. SMITH, Judge.

Lloyd Hubbard appeals from the motion court’s order denying his Rule 24.0351 motion for post-conviction relief after an evi-dentiary hearing. The appellant pled guilty, pursuant to a plea agreement, in the Circuit Court of Clay County, before the Honorable Michael J. Maloney, to assault of a law enforcement officer in the first degree, § 565.081,2 and armed criminal action, § 571.015. As a result of his convictions, he was sentenced, as a persistent offender, § 558.016, to consecutive terms of imprisonment of twenty years, to be served consecutive to a prison sentence he was serving on an unrelated charge.

The appellant raises two points on appeal. In Point I, he claims that the motion court erred in denying his Rule 24.035 motion because its finding that he was competent to plead guilty, and thus, his pleas were voluntary, was clearly erroneous in that: (1) “the court’s competency determination was based on incorrect and unreliable testimony provided by the state’s expert”; and (2) “the court placed undue emphasis on Hubbard’s demeanor at the plea and sentencing proceedings.” In Point II, he claims that the motion court erred in denying his Rule 24.035 motion- because he received ineffective assistance of counsel in that his plea counsel failed to adequately investigate and determine his competency to plead guilty and allowed him to plead guilty, although he doubted his competency to do so.

We affirm.

Facts

Pleas of Guilty

On April 24, 1996, an indictment was returned by a Clay County grand jury charging the appellant with three counts of assault of a law enforcement officer in the first degree, § 565.081, and three counts of armed criminal action, § 571.015. On July 18, 1996, the appellant’s defense counsel, Bert Godding, filed a motion for a psychiatric examination of the appellant, pursuant to §§ 552.020 and 552.030, which was granted on July 31,1996.

On September 13, 1996, Dr. Deja Suthi-kant of the Missouri Department of Mental Health met with the appellant for approximately one hour and forty minutes at the St. Joseph State Hospital for purposes of evaluating him. In his report to the court following the examination, he diagnosed the appellant with antisocial personality disorder, depressive disorder not otherwise specified, and polysubstance abuse, but concluded that “none of these mental disorders fall within the meaning of mental illness as described in Chapter 552 and Chapter 630, RSMo.” He also found that the appellant had a seizure disorder and was malingering. He concluded that the appellant had the capacity to understand the proceedings against him and assist in his own defense. On September 18, 1996, [29]*29the appellant’s counsel submitted to Dr. Suthikant a completed questionnaire provided by him, as well as release forms for the appellant’s medical records at St. Joseph State Hospital, Truman Medical Center, Children’s Mercy Hospital, and Fulton Diagnostic Center. Dr. Suthikant’s report of the appellant’s psychiatric examination was filed with the court on September 25, 1996.

On October 11, 1996, the appellant’s counsel filed an “Objection to Findings Made Pursuant to Mental Examination and Motion for Re-Examination” alleging that Dr. Suthikant’s “mental examination was completed without any records from the hospitalizations defendant had at Truman Medical Center, Children’s Mercy Hospital, Fulton Diagnostic Center, and St. Joseph State Hospital.” He requested that a second psychiatric examination be performed by the “Department of Mental Health ... and/or a private psychiatrist.” On October 24, 1996, the trial court entered an “Order for Completion of Mental Examination,” ordering that “the Department of Mental Health’s designee or Dr. Suthikant review and examine defendant’s hospitalization records and file a completed report as to the findings.”

On or about January 3, 1997, Dr. Suthi-kant sent a letter to the court indicating that he had reviewed the appellant’s records from Children’s Mercy Hospital and St. Joseph State Hospital. He reported that, based on these records, “there were no indications that [the appellant] had exhibited any psychotic symptoms at the two institutions.... As a matter of fact, the records from Youth Center of St. Joseph State Hospital confirmed our primary diagnosis that he had Antisocial Personality Disorder.” He concluded again that the appellant “didn’t talk like a psychotic person, he did not act like a psychotic person, and he didn’t look like a psychotic person. Therefore, the only probable diagnosis is malingering.”

On January 15, 1997, the trial court, the Honorable Michael J. Maloney, held a competency hearing. At the hearing, Dr. Suthikant was the only witness called. He testified that the appellant, in his opinion, was not suffering from a mental disease or defect that prevented him from understanding the nature of the proceedings against him. He further testified that after his initial examination of the appellant and report, he reviewed the appellant’s records and that his review of the records did not change his diagnosis. He testified that the appellant told him that he was epileptic and taking Haldol, Dilantin, and Phenobarbital, which are medications used to treat epilepsy and psychosis. He also testified that he believed the appellant was malingering and that he did not do any psychological testing on the appellant because “it would be wasting the time and money of the state,” in that the appellant would not cooperate. He testified that the appellant was uncooperative in that he did not answer many of the questions and, at times, he would say that he did not know the answer to a question, but if the question were asked again, he would provide some information. The appellant did not present any evidence at the hearing. At the conclusion of the hearing, the trial court found that the appellant did not have “a mental disorder that falls within the meaning of mental illness described in Chapters 552 and 630 of the Revised Statutes of Missouri.” The court further found that the appellant had “the capacity to understand the proceedings against him and to assist in his own defense.” The appellant’s counsel then made an oral motion requesting that a second psychiatric examination of the appellant be done at a time when he was not taking medication, which was denied by the court.

On March 24, 1997, the appellant’s trial counsel filed an “Objection to Findings Made Pursuant to Mental Examination and Motion for Re-Examination.” In the motion, the appellant’s counsel informed the court that sometime after January 15, 1997, the appellant had attempted to commit suicide while in the Clay County jail by [30]*30swallowing two AA batteries. He also informed the court that records from the Clay County jail indicated that the appellant “was on anti-hallucinatory medication at the time of the examination by Dr. Suthikant.” He further informed the court that the appellant had been transferred from the county jail to the Missouri Department of Corrections on an unrelated charge and that “[t]he Department of Corrections ha[d] since determined that he is in need of psychiatric treatment, and is considering placing the [appellant] in the Farmington facility.” He requested that the court “order further evaluation be done ... by the Department of Mental Health, through its representatives and employees, and/or a private psychiatrist ...

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Bluebook (online)
31 S.W.3d 25, 2000 Mo. App. LEXIS 1179, 2000 WL 1072369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-v-state-moctapp-2000.