Johnston v. Dugger

583 So. 2d 657, 1991 WL 106332
CourtSupreme Court of Florida
DecidedJune 20, 1991
Docket73362, 74743
StatusPublished
Cited by22 cases

This text of 583 So. 2d 657 (Johnston v. Dugger) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnston v. Dugger, 583 So. 2d 657, 1991 WL 106332 (Fla. 1991).

Opinion

583 So.2d 657 (1991)

David Eugene JOHNSTON, Petitioner,
v.
Richard L. DUGGER, Respondent.
David Eugene JOHNSTON, Appellant,
v.
State of Florida, Appellee.

Nos. 73362, 74743.

Supreme Court of Florida.

June 20, 1991.
Rehearing Denied August 23, 1991.

*659 Larry Helm Spalding, Capital Collateral Representative, Martin J. McClain, Chief Asst. CCR, Mark Allen Evans, Asst. CCR; and Carlo Obligato and K. Leslie Delk, Staff Attys., Office of Capital Collateral Representative, Tallahassee, for petitioner, appellant.

Robert A. Butterworth, Atty. Gen. and Margene A. Roper and Kellie A. Nielan, Asst. Attys. Gen., Daytona Beach, for respondent, appellee.

PER CURIAM.

David Eugene Johnston appeals the trial court's denial of his motion for postconviction relief. He also petitions the Court for a writ of habeas corpus. We have jurisdiction. Art. V, §§ 3(b)(1), (9), Fla. Const. We affirm the denial of postconviction relief and deny the petition for writ of habeas corpus.

Johnston was convicted of the strangulation murder of an eighty-four-year-old woman and sentenced to death upon the jury's recommendation. The details of the crime are set forth in Johnston v. State, 497 So.2d 863 (Fla. 1986), in which this Court affirmed the conviction and death sentence. After the governor signed a warrant for his death in 1988, Johnston filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The circuit court granted a stay and conducted an evidentiary hearing.

Appeal From Denial of Motion for Postconviction Relief

In his first two claims on appeal, Johnston asserts that he was not legally competent to stand trial and that the two psychiatrists who found him competent prior to the 1984 trial conducted inadequate evaluations. He asserts that the psychiatrists only conducted brief evaluations and did not perform psychological or neurological testing. Johnston alleges that they did not have certain information about his mental illness, including that he had an IQ of 57 at the age of seven and a half, that he was receiving social security benefits for a mental disability, that he made "delusional" statements to the police, and that his attorneys were experiencing difficulty in dealing with him.

At the postconviction hearing Johnston presented the testimony of two mental health experts, Dr. Merikangas and Dr. Fleming, who examined Johnston more than four years after trial. Dr. Merikangas concluded that Johnston had been psychotic since the age of seventeen and had organic brain damage, probably from early childhood. Dr. Fleming diagnosed Johnston as suffering from organic brain syndrome, schizophrenia undifferentiated with paranoid features, and substance abuse. In the opinions of Drs. Merikangas and *660 Fleming, Johnston was not competent to stand trial and the psychiatrists who examined Johnston in 1984 conducted inadequate examinations.

The court below found that the 1984 examinations were not inadequate and that the evidence did not persuade him that his pretrial determination that Johnston was competent was incorrect. The court rejected the testimony of Drs. Merikangas and Fleming, finding that their testimony was biased, their evaluations were made long after the events in question, and their opinions were contradicted by other credible evidence and not supported by the law.

Johnston's claim that he was not competent to stand trial in 1984 is procedurally barred because he did not challenge the competency finding on direct appeal. Bundy v. State, 538 So.2d 445, 447 (Fla. 1989); Alvord v. State, 396 So.2d 184 (Fla. 1981). As to the adequacy of the pretrial examinations, we find competent, substantial evidence in the record to support the lower court's finding that the examinations were not inadequate. State v. Sireci, 536 So.2d 231, 233 (Fla. 1988). Johnston had been hospitalized several times in Louisiana for mental problems. The psychiatrists received Johnston's Louisiana mental health records after they examined Johnston, but before the competency hearing. The records did not change their opinions that Johnston was competent. Rather, they found the records to be consistent with their conclusions. In addition, the trial court had Johnston's Louisiana records before it in determining that Johnston was competent to stand trial.

Dr. Wilder, one of the 1984 psychiatrists, testified at the evidentiary hearing. Dr. Wilder pointed out that he had examined Johnston two years before on another court matter and that by reason of his study in the law library in the interim, Johnston seemed better informed on matters concerning the legal system. In finding Johnston competent to stand trial, he had determined that he had an antisocial personality. He saw no need for psychological or neurological testing. Dr. Wilder discounted the significance of an IQ of 57 at the age of seven and a half and stated that knowledge of this evaluation would not have changed his opinion concerning Johnston's competency prior to trial. It should be noted that Johnston consistently scored higher on subsequent IQ tests. Upon our review of Johnston's statements to the police we agree with the court below that the statements, taken as a whole, show that Johnston was in control of his mental faculties at the time he made them. Further, experiencing personality conflicts with one's attorney does not suggest that one is incompetent.

Johnston's reliance on Mason v. State, 489 So.2d 734 (Fla. 1986), and Sireci is misplaced. In Mason this Court held that because Mason proffered evidence of an extensive history of mental retardation, drug abuse, and psychotic behavior that may not have been considered by psychiatrists who examined him prior to trial, an evidentiary hearing was necessary to determine the adequacy of the competency evaluations. In Johnston's case, such an evidentiary hearing was held and his claim was rejected.

In Sireci, Sireci claimed that the court-appointed psychiatrist who examined him prior to trial failed to diagnose that he suffered from organic brain disorder caused by a car accident more than ten years earlier. The accident left him semiconscious and with facial paralysis. The uncontroverted testimony of defense experts at the 3.850 hearing established that Sireci currently suffered from organic brain disorder and if the disorder were present at the time of the murder, mitigating mental health evidence would have been available to him. One of the two psychiatrists who examined Sireci before trial knew of the accident and resulting coma but did not order additional tests to determine if he had organic brain disorder. Neither of the psychiatrists apparently noticed the facial paralysis. However, they both testified that based on the paralysis they observed in Sireci at the 3.850 hearing, they would have ordered testing for organic brain disorder. More importantly, however, the Court in Sireci refused to *661 substitute its judgment for that of the lower court where competent, substantial evidence supported the trial court's finding that the original psychiatric evaluations were inadequate. The rule in Sireci applies equally to the decision of the court below in this case.

We also reject Johnston's claim that counsel was ineffective for failing to provide background information necessary for an adequate evaluation. Having determined that the evaluations were not inadequate, we find no prejudice from the alleged failure to provide information. Strickland v. Washington,

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Bluebook (online)
583 So. 2d 657, 1991 WL 106332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-dugger-fla-1991.