Huff v. Commonwealth

560 S.W.2d 544, 1977 Ky. LEXIS 569
CourtKentucky Supreme Court
DecidedNovember 18, 1977
StatusPublished
Cited by8 cases

This text of 560 S.W.2d 544 (Huff v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huff v. Commonwealth, 560 S.W.2d 544, 1977 Ky. LEXIS 569 (Ky. 1977).

Opinion

STERNBERG, Justice.

On September 27,1976, the appellant was indicted by the Fayette County Grand Jury for the intentional murder of Martha Williams (KRS 507.020). A two-day trial, which commenced on January 19, 1977, resulted in the conviction of appellant as charged, and he was sentenced to 20 years’ imprisonment. On this appeal appellant argues six alleged errors.

The first two alleged errors are so closely related that the facts relating to both must be considered together in disposing of each of them. First, appellant charges that the trial court erroneously refused to grant him a competency hearing and, secondly, that the trial court erred in not granting him a mistrial or in not permitting him to plead “not guilty by reason of insanity” at the time of the commission of the offense.

At his trial appellant was represented by two counsel. Several days prior to the trial, both of appellant’s counsel advised the trial judge that appellant had had a competency examination by Dr. N. H. Sandler and that he was found competent to stand trial. The court was then advised that appellant was ready for trial because Dr. Sandler had given counsel the “okay sign.” The trial then proceeded as scheduled. On the second and last day of the trial appellant’s counsel advised the court that they had requested and received appellant’s medical records from Central State Hospital. The records reflected that appellant was admitted to the hospital on May 22, 1962, at a [546]*546time when he was serving a life sentence at the State Reformatory in LaGrange for the murder of his wife. At the time of his admission appellant was diagnosed as “schizophrenic reaction, catatonic type (stu-per).” He was released from the hospital and returned to the reformatory on May 31, 1962, with the prognosis of “poor” in regards to future psycotic episodes. With this information brought to the attention of the trial court, appellant moved for a mistrial so that he could make a plea of “not guilty by reason of insanity.”

RCr 8.06 provides as follows:

“If upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant is insane, the proceedings shall be postponed and the issue of sanity determined as provided by law. If the defendant is found to be insane, the court shall direct that he be confined in a mental institution until his mind is restored, at which time he shall be returned to the court for further proceedings.”

Nowhere in the record is it made manifest that appellant was not competent to stand trial. As a matter of fact, the record clearly and unequivocally shows that on January 6, 1977, appellant was found medically competent to stand trial. Counsel for appellant argues that the facts in this case certainly create a reasonable doubt as to appellant’s competency at the time of trial. In Commonwealth v. Strickland, Ky., 375 S.W.2d 701, 703 (1964), this court discussed the proper test to be applied in determining whether a person is properly fit to plead or defend himself in a criminal proceeding. We said:

“ * * * For this purpose, whatever may be the technical classification of his mental state, legally or medically, the test is whether he has substantial capacity to comprehend the nature and consequences of the proceeding pending against him and to participate rationally in his defense.”

Being diagnosed as schizophrenic some 15 years before the trial, with no intervening action or conduct of irregularity, is not such reasonable grounds that would put a trial judge on notice that appellant was not competent to stand trial. On the contrary, just two weeks prior to the trial appellant’s psychiatric examination disclosed that he had substantial capacity to comprehend the nature and consequences of the proceedings and to participate rationally in his defense. The trial judge was fully advised of this examination and the results thereof. He had the opportunity to view the appellant during the first full day of the trial and to evaluate his conduct. In its order of February 7,1977, the trial court said, “Again, the Court is unable to find any substantial evidence in this case which would raise a reasonable doubt about the defendant’s ability to stand trial or even to continue it.” We concur.

As to the second issue, counsel for appellant would have this court believe that there was sufficient showing made to require the trial court to grant a mistrial and to permit the appellant to plead “not guilty by reason of insanity.”

KRS 504.050 provides:

“(1) Evidence of mental disease or defect which is offered to show lack of criminal responsibility is not admissible unless the defendant files a written notice of his intention to rely on such defense at least 20 days prior to the day of trial or at such later time as the court may for good cause permit. Upon filing of such notice, the prosecution shall be granted reasonable time prior to trial to move for an examination of the defendant under subsection (2) and to prepare the case for the commonwealth.”

The killing of Martha Williams took place on August 12, 1976. The appellant was indicted in September, 1976. Some two weeks prior to the scheduled trial date appellant underwent a psychiatric examination and was found competent to stand trial. On January 19, 1977, four months after the indictment was returned, his trial commenced. Appellant urges, without persuasion, that “the medical records from Central State Hospital raise serious doubts about appellant’s sanity.” Further discus[547]*547sion of appellant’s competency to stand trial or his responsibility for his criminal conduct would only add recognition to the alleged errors, which were and are factually without merit from the very beginning.

Appellant’s present counsel, who was not his trial counsel, says, “In the alternative, if this Court decides that there was no excuse for the failure of appellant to prepare an insanity defense before trial, appellant would submit that he has been denied the effective assistance of counsel.’’ Suffice it to say that the trial court has not been afforded an opportunity to pass on that question, which has not been presented by an appropriate motion. Lee v. Commonwealth, Ky., 547 S.W.2d 792 (1977).

Next, appellant complains of the refusal of the trial court to interrogate the members of the jury as to whether any of them had read a current newspaper article relating to his 1961 conviction for the murder of his wife. While the trial jury was deliberating, appellant’s counsel requested, and was granted, an in-ehambers conference. The record reveals that the following colloquy took place between appellant’s counsel and the trial judge:

“THE FOLLOWING PROCEEDINGS WERE HAD AT THE COURT’S CHAMBER WITH COUNSEL FOR BOTH PARTIES PRESENT WHILE THE JURY WAS DELIBERATING:
MR.

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Bluebook (online)
560 S.W.2d 544, 1977 Ky. LEXIS 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huff-v-commonwealth-ky-1977.