Mouse v. State

90 S.W.3d 145, 2002 Mo. App. LEXIS 2016, 2002 WL 31235667
CourtMissouri Court of Appeals
DecidedOctober 4, 2002
DocketNo. 24700
StatusPublished
Cited by3 cases

This text of 90 S.W.3d 145 (Mouse 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
Mouse v. State, 90 S.W.3d 145, 2002 Mo. App. LEXIS 2016, 2002 WL 31235667 (Mo. Ct. App. 2002).

Opinions

JAMES K. PREWITT, Presiding Judge.

Nicholas Mouse (“Movant”) appeals the denial of his Rule 29.15 motion following an evidentiary hearing on the matter. Movant was charged by information with the class A felony of assault in the first degree, § 565.050, RSMo Supp.1995. His first trial resulted in a mistrial.

At the second jury trial, the State filed, and the trial court sustained, a motion in limine to exclude expert testimony regarding Movant’s alleged substance-induced psychosis, which Movant attempted to introduce to ameliorate the required mens rea for the crime of assault. Movant presented an offer of proof in the form of an excerpt from the transcript of the offer of proof from the first trial, where Dr. Tim McCarty, a psychologist, testified that Movant suffered from a “mental disease of substance[-]induced psychotic disorder [that] prevented [Movant] from knowing and appreciating the nature, quality and wrongfulness of his conduct” and prevent[147]*147ed Movant “from acting with a conscious object to kill or cause physical injury.” The trial court rejected Movant’s offer of proof.

As determined on the direct appeal, the evidence at trial showed that Movant voluntarily induced amphetamines prior to the commission of the assault. See State v. Mouse, 989 S.W.2d 185, 189 (Mo.App.1999). There was also sufficient evidence presented through which the jury could have determined that, during the commission of the crime, Movant was in an intoxicated condition from alcohol. Id.

Movant was convicted and sentenced to thirty years’ imprisonment, and the conviction and sentence were affirmed on direct appeal. Id. at 192. Thereafter, Movant filed an Amended Motion to Vacate, Set Aside or Correct the Judgment or Sentence, alleging ineffective assistance of counsel. The motion was denied. This appeal followed.

Movant presents three points relied on, all relating to claims of ineffective assistance of counsel. Appellate review of the denial of a post-conviction motion is limited to the determination of whether the findings of fact and conclusions of law are clearly erroneous. Rule 29.15(k). To prevail on a claim of ineffective assistance of counsel, Movant must show that counsel failed to exercise the customary skill and diligence of a reasonably competent attorney under similar circumstances and that Movant was prejudiced as a result thereof. Sneed v. State, 756 S.W.2d 618, 618 (Mo.App.1988). Movant “must overcome the strong presumption that counsel made all significant decisions in the exercise of his [or her] reasonable professional judgment.” Robinson v. State, 752 S.W.2d 873, 374 (Mo.App.1988).

In our review, we need not consider both the performance and prejudice prong, if we find that Movant failed on one of them. Sanders v. State, 738 S.W.2d 856, 857 (Mo. banc 1987). It is also not necessary to consider the performance prong first and then prejudice; if the claim may be resolved based on lack of prejudice, we may stop our review there. Id.

In his first point, Movant contends that counsel was ineffective because he did not cite State v. Shipman, 568 S.W.2d 947 (Mo.App.1978), to the trial and appellate courts. Movant argues that Shipman would have supported the attempt at trial to include expert testimony showing Mov-ant lacked the requisite mental intent to commit the crime because of a substance-induced psychosis. Movant maintains that the failure of counsel to cite Shipman prejudiced him because counsel was thereby unable to effectively argue Movant’s position before the trial and appellate courts.

In support of his point, Movant asserts that Shipman recognized that chronic substance abuse can lead to an independent psychosis that can be relied upon as a mental defense for the crime charged. Movant is correct that the Shipman court stated, “If a psychosis exists by reason of defendant’s inability to tell right from wrong or inability to know or appreciate the nature, quality or wrongfulness of his conduct or incapacity to conform his conduct to the requirements of law ..., how or why the mental disease or defect arose should be of no moment.” Id. at 951.

The discussion in Shipman is based on § 552.010, which defines “mental disease or defect” in the same manner today as it did in 1978, when Shipman was decided.

The terms “mental disease or defect” include congenital and traumatic mental conditions as well as disease. They do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, whether or not such abnormality may be included [148]*148under mental illness, mental disease or defect in some classifications of mental abnormality or disorder. The terms “mental disease or defect” do not include alcoholism without psychosis or drug abuse without psychosis ....

Another statute of interest in this appeal is § 562.076, which is quite different today than it was at the time of Shipman. Section 562.076, RSMo 1978, is set forth below:

1. A person who is in an intoxicated or drugged condition whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition
(1) Negatives the existence of the mental states of purpose or knowledge when such mental states are elements of the offense charged or of an included offense; or
(2) Is involuntarily produced and deprived him of the capacity to know or appreciate the nature, quality or wrongfulness of his conduct or to conform his conduct to the requirements of law.
2. The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.

Presently, § 562.076 provides as follows:

1. A person who is in an intoxicated or drugged condition, whether from alcohol, drugs or other substance, is criminally responsible for conduct unless such condition is involuntarily produced and deprived him of the capacity to know or appreciate the nature, quality or wrongfulness of his conduct.
2. The defendant shall have the burden of injecting the issue of intoxicated or drugged condition.
3. Evidence that a person was in a voluntarily intoxicated or drugged condition may be admissible when otherwise relevant on issues of conduct but in no event shall it be admissible for the purpose of negating a mental state which is an element of the offense. In a trial by jury, the jury shall be so instructed when evidence that a person as in a voluntarily intoxicated or drugged condition has been received into evidence.

Revisions between the two are indicated in bold print.

Shipman did not address § 562.076, under which defendant might have been able to use voluntary intoxication as a defense had it negated the requisite mental state of the crime of which he was accused. However, from the testimony and evidence that can be gleaned from the opinion, it does not appear that Shipman was intoxicated at the time of the attempted burglary. Id. at 947-48.

The focus of the appeal in Shipman

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Related

State v. Wright
376 S.W.3d 696 (Missouri Court of Appeals, 2012)
Compton v. State
172 S.W.3d 927 (Missouri Court of Appeals, 2005)

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Bluebook (online)
90 S.W.3d 145, 2002 Mo. App. LEXIS 2016, 2002 WL 31235667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mouse-v-state-moctapp-2002.