Matter of Tally

574 N.E.2d 1262, 215 Ill. App. 3d 385, 158 Ill. Dec. 869, 1991 Ill. App. LEXIS 1087
CourtAppellate Court of Illinois
DecidedJune 26, 1991
Docket4-90-0727
StatusPublished
Cited by17 cases

This text of 574 N.E.2d 1262 (Matter of Tally) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Tally, 574 N.E.2d 1262, 215 Ill. App. 3d 385, 158 Ill. Dec. 869, 1991 Ill. App. LEXIS 1087 (Ill. Ct. App. 1991).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

On October 10, 1990, respondent Fred Tally was found to be a person subject to involuntary admission (Ill. Rev. Stat. 1989, ch. 911/2, par. 3 — 700) following a jury trial in Sangamon County. Defendant was ordered to remain hospitalized at Memorial Medical Center (Memorial). A notice of appeal was filed on October 18, 1990, pursuant to section 3 — 816 of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1989, ch. 911/2, par. 3 — 816). We affirm.

On appeal, the respondent argues that the trial court abused its discretion in denying the respondent’s motion to continue, and exceeded its authority by granting a motion to amend Dr. Shea’s certificate; and erred in entering the judgment herein in that (1) the petition had only one certificate and, because of that, the complaint must be dismissed, and (2) the State produced insufficient evidence to find the respondent subject to involuntary commitment.

Eugene Stormer, a social worker for the SIU School of Medicine and director of Community Support Network (an organization which provides support services for mental patients living in the community), was called by the emergency room at Memorial on September 26, 1990, to come and help the respondent, who had been brought to the emergency room by a friend. Stormer testified respondent appeared disheveled and wore dirty clothes. He spoke with respondent for approximately 20 minutes. Stormer further testified he had observed respondent the previous day attempting to hail a bus by standing in the middle of the street. Stormer asked respondent if this was a safe thing to do and respondent replied that it did not matter. Finally, after leaving the emergency room, Stormer went to lock up respondent’s apartment. Stormer testified the apartment was bug-infested, contained rotting food in the kitchen, and there were dirty dishes strewn about the kitchen as well. Furthermore, Stormer stated there were clothes thrown about the apartment and several pairs of shoes lined up in the middle of the room “as if to make some kind of wall down the center of the room.” Stormer indicated a few weeks earlier, respondent had left a pot on his stove which caught on fire and, but for Stormer’s intervention with respondent’s landlord, respondent would have been evicted. Finally, Stormer offered a lay opinion that respondent was likely to hurt himself either through eating contaminated food or careless cooking. On cross-examination, Stormer stated he knew respondent was employed by McDonald’s and also attended Lincoln Land Community College.

Dr. Laura Shea testified she was a board-eligible psychiatrist and a licensed physician and was respondent’s treating physician at Memorial. Dr. Shea testified respondent suffered from chronic paranoid schizophrenia. She stated respondent was delusional and believed he was the owner of all McDonald’s restaurants. She further testified respondent believed he was a doctor and a lawyer and that he often laughed for no apparent reason. When asked if she had an opinion, within a reasonable degree of medical certainty, whether because of his mental illness respondent was unable to provide for his basic physical needs or to guard himself from harm from the outside world if released, she replied:

“I’m really concerned that he would not be able to do that at this point. I think that he’s not aware that he’s having a problem right now. That’s a problem in itself because he doesn’t think that he needs to see the doctor for anything. He doesn’t think he needs medication.”

On cross-examination, Dr. Shea testified she probably had only spent a total of one hour with respondent.

Lisa Kowalski, a third-year medical student under the guidance of Dr. Shea, testified she had also observed respondent while he was at Memorial. She testified respondent was agitated and displayed violent propensities. She further stated respondent made several delusional statements to her, including a statement that he was shot through his soul, which was his appendix. Respondent also told Kowalski he was a lawyer, a doctor, and that he owned 103 McDonald’s restaurants. Respondent stated he earned all of Jesus Christ’s money and that Jesus Christ was a very rich man. According to respondent, a scar on his abdomen was a stab wound inflicted by his mother when she marked him one of Christ’s disciples. Respondent became agitated while watching television and told Kowalski he could no longer watch the baseball game on television because they kept changing the instant replays. Finally, Kowalski stated she believed respondent was unable to take care of himself without taking his medication.

The State called respondent as an adverse witness. Respondent testified he had suffered a gunshot wound six years earlier. Respondent stated he was different colors in the past, including white, and that he was Ronald McDonald. He further stated, although he had not actually claimed them yet, he owned all McDonald’s restaurants. He planned to claim the restaurants as his own by working at them and showing others how he liked his food prepared. Respondent also testified he was a breakfast cook at McDonald’s and goes to Lincoln Land Community College on a city bus. He denied stepping in front of the bus to stop it but rather contended he merely waved at it to cause it to stop.

Arthur Borders, a friend of respondent’s, testified on his behalf. Borders stated respondent was capable of dressing and feeding himself. Borders stated he would go by respondent’s house and watch television with respondent. He also testified he often had to repeat himself and it appeared as though respondent was not listening when Borders spoke to him.

Respondent made a motion for directed verdict at the close of the State’s case in chief. That motion was denied and not renewed at the close of his case. The jury returned a unanimous verdict that respondent was subject to involuntary commitment. The trial court informed respondent of his right to appeal and respondent immediately indicated he wished to exercise that right.

The first argument raised by respondent is the trial court abused its discretion in denying respondent’s motion for a continuance on the first day of trial. When the petition was filed, a hearing date was set for October 5, 1990, and Bob Hall was appointed to represent respondent. On October 5, 1990, respondent requested a different attorney and the court appointed James Ackerman. The court granted a continuance until October 9, 1990. On that day, respondent expressed a desire for yet another attorney; however, after inquiry from the trial court, respondent agreed to continue with Ackerman as his attorney.

Thereafter, Ackerman moved for a continuance, alleging that the previous day respondent had indicated he did not wish to be represented by Ackerman and, because of that, Ackerman did not have sufficient time to discuss the case with the respondent. Ackerman also based his motion to continue on the fact respondent appeared to be uncertain as to whether he wished to retain Ackerman as counsel.

The trial court denied the motion for a continuance but indicated it would allow counsel time to speak with the respondent before the trial began. Ackerman then thanked the court and asked for five minutes to consult with respondent.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 1262, 215 Ill. App. 3d 385, 158 Ill. Dec. 869, 1991 Ill. App. LEXIS 1087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tally-illappct-1991.