People v. Dobben

488 N.W.2d 726, 440 Mich. 679
CourtMichigan Supreme Court
DecidedSeptember 15, 1992
Docket91150, (Calendar No. 1)
StatusPublished
Cited by28 cases

This text of 488 N.W.2d 726 (People v. Dobben) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Dobben, 488 N.W.2d 726, 440 Mich. 679 (Mich. 1992).

Opinions

Boyle, J.

We granted leave to appeal to decide whether the Court of Appeals correctly held that an independent expert’s testimony was inadmissable because it violated § 1028(3) of the Mental Health Code, MCL 330.2028(3); MSA 14.800(1028)(3)1.

[682]*682At issue is whether the statute limits testimony by an independent psychiatric examiner offered pursuant to § 20a(3) of the Code of Criminal Procedure, MCL 768.20a(3); MSA 28.1043(1)(3).2 Specifically, we resolve the question whether an independent expert may consider information contained in prior competency evaluations in forming an opinion regarding criminal responsibility.3

We hold that the Court of Appeals erred in accepting the premise that § 1028(3) limits the foundation for expert testimony regarding criminal responsibility. The statutes involving competency to stand trial and the defense of insanity do not conflict with each other or the Michigan Rules of Evidence. An independent psychiatric examiner [683]*683may rely on historical information contained in reports of prior competency evaluations in reaching an opinion regarding criminal responsibility. We reverse the decision of the Court of Appeals and reinstate the defendant’s convictions.

I

The defendant, Bartley James Dobben, was found guilty but mentally ill of two counts of first-degree murder. MCL 750.316; MSA 28.548. He was sentenced to two concurrent terms of life imprisonment without parole.

The Court of Appeals reversed the conviction on appeal. It held that because the people’s psychiatric expert, Dr. Abraham Halpern, who had examined the defendant for competency to stand trial, was not an examining qualified clinician, and because Dr. Halpern did not examine the defendant for criminal responsibility pursuant to a court order, the admission of his testimony at trial violated MCL 330.2028(3); MSA 14.800(1028)(3), and was error that required reversal. 187 Mich App 462, 471; 468 NW2d 527. (1991). We granted leave to appeal. 437 Mich 1047 (1991).

II

On Thanksgiving Day, November 26, 1987, Dobben killed his two young children. Dobben, who had a history of religious preoccupation and bizarre behavior, had been diagnosed as suffering from paranoid schizophrenia and was hospitalized for two months in 1985. On the day in question, Dobben was employed as a foundry ladle operator at the Cannon of Muskegon Foundry.

The defendant, his wife, Susan Dobben, and the children were to eat Thanksgiving dinner at the [684]*684home of the defendant’s parents. Rather than going directly to his parents’ home, Dobben drove to the foundry, ostensibly to retrieve his Bible, which he had left there. He also indicated that he wanted to show his sons where he worked. Upon entering the foundry, which was shut down for Thanksgiving, he chatted with the security guard, making small talk about the holiday. He also explained that he wanted to show his sons where he worked, and he signed the visitor’s log sheet. His wife stayed in the car.

Dobben walked to the area where he worked in the foundry. He placed the children into the foundry ladle and "played with them like they were in the sandbox. [He] told them that the slag was just like dirt.” He then got out of the ladle, placed the lid on top, lit the torch, and returned to the guard station at the entrance of the plant. The children died of asphixiation.

III

At Dobben’s November 27, 1987, arraignment he refused, or failed, to respond to the court’s questions. Testimony indicated that he had been unresponsive since his arrest the day before. On a motion by the people, the court ordered Dobben committed to the Center for Forensic Psychiatry in Ypsilanti, to be evaluated for competency to stand trial and to participate in his preliminary examination.

Dobben was first evaluated for competency to stand trial from December 1, 1987, through December 14, 1987, by Moses L. Everett, Ph.D., a certified forensic examiner.4 Dr. Everett concluded [685]*685that "Dobben did not meet the statutory criteria

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Cite This Page — Counsel Stack

Bluebook (online)
488 N.W.2d 726, 440 Mich. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dobben-mich-1992.