Oliver v. State

2006 UT 60, 147 P.3d 410, 562 Utah Adv. Rep. 20, 2006 Utah LEXIS 191, 2006 WL 2847287
CourtUtah Supreme Court
DecidedOctober 6, 2006
Docket20050090
StatusPublished
Cited by8 cases

This text of 2006 UT 60 (Oliver v. State) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oliver v. State, 2006 UT 60, 147 P.3d 410, 562 Utah Adv. Rep. 20, 2006 Utah LEXIS 191, 2006 WL 2847287 (Utah 2006).

Opinion

NEHRING, Justice:

1 1 When he pleaded guilty to the murder of his wife, Gary Oliver disclosed to the sentencing court that he had taken some pills to help him sleep and cope with depression. He insisted, however, that he understood the meaning and consequences of his guilty plea. He later changed his mind and claimed that the medicine he had taken made him incapable of entering a knowing and voluntary plea and that he should be permitted to withdraw it. The sentencing court and the court of appeals rejected Mr. Oliver's claims.

T2 We granted certiorari to determine whether the sentencing court adequately assessed Mr. Oliver's ability to enter a knowing and voluntary plea in light of his disclosure that he had taken pills to help him sleep and cope with depression. For the reasons we articulated in State v. Beckstead, 2006 UT 42, 1 18-21, 140 P.3d 1288, we conclude that the sentencing court's assessment was adequate and therefore affirm the court of appeals.

FACTUAL AND PROCEDURAL HISTORY

T3 On November 10, 1994, Mr. Oliver entered his guilty plea to murder. In the course of pleading guilty, Mr. Oliver signed an affidavit in which he stated, "I am not presently under the influence of any drug, medication or intoxicants which impair my judgment." Mr. Oliver's counsel also attested to his mental and physical competence. *412 The plea colloquy in which the sentencing court judge engaged Mr. Oliver and his counsel included the following exchange:

THE COURT: Are you presently under the influence of any alcohol or drugs of any kind?
MR. OLIVER: No, sir.
Q: Have you taken anything in the last twenty-four hours?
A: Only some pills over in the jail-telpolin-
Q: What is the-
A: To help me sleep.
MR. ATHAY: They affect your ability to think?
MR. OLIVER: I don't think so.
Q: They affect your ability to make decisions?
A: No.
Q: Do you understand what we're doing here today?
A: Yeah. Yeah.
Q: You and I have spoken about this plea on numerous occasions, have we not?
A: Uh-huh.
Q: And at any time have the pills affected your judgment in deciding whether to enter this plea?
A: No.
THE COURT: Do you feel like you were under the influence of these pills right now? You can understand what it is that I have told you?
MR. OLIVER: No, I understand. I understand.
Q: Do you have any questions about these proceedings so far, Mr. Oliver?
A: No.
MR. ATHAY: May I ask a couple of other questions?
THE COURT: Yes, uh-huh-
MR. ATHAY: They give you these to control mood swings that you have?
MR. OLIVER: I guess that's-I told them I couldn't sleep so they gave me that stuff. I was depressed.
Q: That been as a rule what occurred in this case?
A: Yeah.
Q: And the depression and lack of sleep not something you were concerned about prior to this event occur[rling?
A: No.
Q: And those pills were given to alter the moods that you had found yourself in; is that correct?
A: Yes.

I 4 The sentencing court accepted Mr. Oliver's plea and subsequently sentenced him to serve five years to life in the Utah State Prison. In 2002, Mr. Oliver filed a petition for post-conviction relief alleging, among other things, that he had consumed Nortripta-line, a psychotropic drug, shortly before entering his plea. He claimed that this drug rendered him unable to comprehend the plea proceedings, making his plea invalid under rule 11 of the Utah Rules of Criminal Procedure because it was not knowing and voluntary.

1 5 The post-conviction court dismissed the petition as untimely and also found that Mr. Oliver's rule 11 claim failed as a matter of law. The court of appeals affirmed.

ANALYSIS

16 When a defendant enters a guilty plea, the sentencing court engages in a "rule 11 colloquy" with the defendant in order to "establish that the defendant's guilty plea is truly knowing and voluntary and establish on the record that the defendant knowingly waived his or her constitutional rights." State v. Visser, 2000 UT 88, ¶ 11, 22 P.3d 1242 (internal quotation marks omitted). Therefore, the question we now face is what a sentencing judge must do to ensure that a plea is knowing and voluntary when the defendant has taken medicine to aid sleep and control moods.

17 We begin with the principle that "[the use of narcotics does not per se render a defendant incompetent to stand trial, nor, presumably, to plead guilty." Manley v. United States, 396 F.2d 699, 700 n. 2 (5th Cir.1968) (emphasis in original) (citations omitted). It is, of course, the drug's effect and not the mere presence of the drug that matters. Thus, Mr. Oliver

*413 would be entitled to vacation of his plea and conviction if he proved that his mental faculties were so impaired by drugs when he pleaded that he was incapable of full understanding and appreciation of the charges against him, of comprehending his constitutional rights and of realizing the consequences of his plea.

United States v. Malcolm, 432 F.2d 809, 812 (2d Cir.1970).

T8 The challenge posed by this case is to determine what a sentencing judge must do to ensure that the drug ingested by a defendant has not appreciably impaired his or her power to understand the meaning and consequences of admitting guilt. The difficulty of meeting this challenge is diminished substantially by our recent encounter in State v. Beckstead, 2006 UT 42, 140 P.3d 1288, with the same issue, albeit with a different drug-alcohol. There, we refused to require a judge taking a rule 11 plea from a defendant who had been drinking to follow any pre-seribed script in aid of ascertaining whether the alcohol had rendered the defendant incapable of entering a guilty plea. Id. 116. We outlined, however, several general principles to assist judges who are faced with the defendant's possible drug impairment in a plea hearing. First among these is the injunction that a sentencing judge pursue a meaningful engagement with a defendant during the plea colloquy. Id. 118. Such an engagement with a defendant may feature many different approaches to accomplishing the task of reaching a conclusion about a defendant's capability to enter a knowing and voluntary plea.

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Bluebook (online)
2006 UT 60, 147 P.3d 410, 562 Utah Adv. Rep. 20, 2006 Utah LEXIS 191, 2006 WL 2847287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-v-state-utah-2006.