People v. Matheson

245 N.W.2d 551, 70 Mich. App. 172, 1976 Mich. App. LEXIS 828
CourtMichigan Court of Appeals
DecidedJuly 20, 1976
DocketDocket 23577
StatusPublished
Cited by14 cases

This text of 245 N.W.2d 551 (People v. Matheson) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Matheson, 245 N.W.2d 551, 70 Mich. App. 172, 1976 Mich. App. LEXIS 828 (Mich. Ct. App. 1976).

Opinions

N. J. Kaufman, J.

Defendant was originally charged with kidnapping, MCLA 750.349; MSA 28.581, and with carrying a weapon in a motor vehicle, MCLA 750.227; MSA 28.424. On January 7, 1975, defendant’s plea of nolo contendere to the crime of carrying a weapon in a motor vehicle was accepted by the Eaton County Circuit Court. The court subsequently sentenced defendant to a term of from 3 to 5 years in prison with the recommendation that he receive psychiatric counseling. Defendant now appeals of right.

On appeal defendant propounds two claims of error, one of which merits discussion. In this claim, defendant argues that the court erred in accepting his plea when it believed or had reason to believe that defendant was not competent to plead. This contention requires a brief recitation of the proceedings in this case.

[175]*175Prior to the preliminary examination, the circuit court, upon the stipulation of the parties, ordered defendant committed to the forensic center for a competency evaluation. The results of that evaluation were communicated to the court in the form of a diagnostic report. Although the examiner reported the presence of "moderate mental illness”, he decided that the statutory test of competence had been satisfied, MCLA 767.27a; MSA 28.966(H).1 A hearing on the question was conducted on November 14, 1974. The diagnostic report was offered and received by stipulation as the only evidence at the hearing. Based solely on that report, the court found the defendant mentally competent to stand trial and remanded the case for preliminary examination. Defendant did not object to the finding of competence nor did he file an interlocutory appeal on that finding.

At the plea-taking, the court, with both parties’ approval, examined the preliminary examination transcript. This transcript disclosed the bizarre facts on which the charges against defendant were founded. At the preliminary examination, Jane Lindsey, a friend of the defendant, testified that defendant came to her house in the early morning hours of October 17, 1974, and requested aid from Mrs. Lindsey and her husband. Defendant, who was accompanied by his wife and three small children, professed fear for his life and the lives of his family. He stated that he had started a gang war and that a "contract” had been taken out on his life. Defendant told the Lindseys that, on the way to their house, he had been involved in a high speed auto chase. During the conversation, defendant showed the Lindseys a .38-caliber pistol.

[176]*176The Lindseys helped defendant hide his car and took him and his family to the cottage of a friend. When the defendant suggested that everyone accompany him in one of the residents’ van, most of the group objected. It was at this point that defendant first suggested that he could not allow anyone to remain behind. Mr. Lindsey managed to get out, which prompted defendant to tell the others he didn’t care because he would get publicity. The remainder of the group then got into the van and drove away. After traveling for a time one of defendant’s friends convinced defendant that he should be allowed to leave and was dropped off along the roadway. The police were then notified. When the van was finally spotted by police, defendant indicated that he was a CIÁ agent and had nothing to fear from the police. Nevertheless he ordered his wife to elude the police and run their roadblock, but she was unsuccessful in this attempt.

The rule governing claims such as defendant’s, GCR 1963, 785.7(2), requires that

"[t]he Court shall not accept a plea of * * * nolo contendere without personally addressing the defendant and determining that the plea is freely, understandingly and voluntarily made.”2

This determination need not be made in any particular manner and "may be concluded from the judge’s acceptance of the plea even though he makes no separate finding of fact”. Guilty Plea Cases, 395 Mich 96, 126; 235 NW2d 132 (1975). As with most matters dependent on the judge’s ability to personally assess the behavior of a defendant, the determination of competence is consigned to [177]*177his discretion. In accepting defendant’s plea, the court here made no explicit finding of competence, nor did it make any record on the issue.

On appeal, defendant argues that, in concluding defendant was competent to plead, the trial court erroneously relied on the earlier determination that he was competent to stand trial. Defendant contends that competence to plead involves a "different, higher standard” than that utilized to assess competence to stand trial.

In support of his argument, defendant cites the Ninth Circuit Court of Appeals decision in Sieling v Eyman, 478 F2d 211 (CA 9, 1973). In Sieling, after he had been deemed competent to stand trial, defendant changed his plea to guilty. The court made a brief inquiry into his understanding of the plea proceeding and accepted the plea. On appeal, the Court held that a finding of competence to stand trial would not suffice as a finding of competence to plead guilty. The Sieling Court reasoned that, whereas the former determination concerned a defendant’s ability to understand the proceedings and assist in his defense, the question of competence to plead required a determination of a defendant’s ability to competently waive important constitutional rights. In so holding, the Court relied on Westbrook v Arizona, 384 US 150; 86 S Ct 1320; 16 L Ed 2d 429 (1966). In Westbrook, a somewhat cryptic per curiam decision, the United States Supreme Court held that, although a state court had found the defendant competent to stand trial, a further inquiry was necessary to determine if he was competent to waive his constitutional right to counsel.

Plaintiff’s reply to defendant’s novel and well-articulated argument is completely unresponsive and unhelpful. Plaintiff merely makes the facile [178]*178argument that the plea should be affirmed because the trial court was in a better position to assess defendant’s competence than is this Court. This argument ignores the possibility raised by defendant’s appellate claim that the trial court applied an incorrect standard in determining defendant’s competence. It also places this Court in the unhappy position of having to make the argument of plaintiffs appellate counsel for him.

The Sieling v Eyman rationale has been expressly rejected in four other jurisdictions. Prior to Sieling, the Tenth Circuit Court of Appeals held that:

"The test of mental competency at the time of trial or the entering of a plea in a criminal case is that the accused have 'sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.’ Dusky v United States, 362 US 402; 80 S Ct 788; 4 L Ed 2d 824 (1960).” Wolf v United States, 430 F2d 443, 444 (CA 10, 1970). (Emphasis supplied.)

Wolf was subsequently followed by the Fifth Circuit Court of Appeals which rejected a defense contention that the Court adopt a higher standard for determining competence to plead than for ascertaining competence to stand trial. Malinauskas v United States, 505 F2d 649, 653-4 (CA 5, 1974).

In People v Bassett, 25 Ill App 3d 927; 323 NE2d 607 (1975), the court considered the interplay of the

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Jerome Jamal Duckwyler
Michigan Court of Appeals, 2022
People of Michigan v. Anthony Dwayne Shacks Jr
Michigan Court of Appeals, 2022
Brathwaite v. People
67 V.I. 609 (Supreme Court of The Virgin Islands, 2017)
People v. Whyte
418 N.W.2d 484 (Michigan Court of Appeals, 1988)
People v. Henderson
377 N.W.2d 319 (Michigan Court of Appeals, 1985)
People v. Kline
318 N.W.2d 510 (Michigan Court of Appeals, 1982)
People v. Ritsema
307 N.W.2d 380 (Michigan Court of Appeals, 1981)
People v. Porter
297 N.W.2d 703 (Michigan Court of Appeals, 1980)
People v. Thomas
292 N.W.2d 523 (Michigan Court of Appeals, 1980)
People v. Hamm
261 N.W.2d 288 (Michigan Court of Appeals, 1977)
State v. Pierce
569 P.2d 865 (Court of Appeals of Arizona, 1977)
People v. Parney
253 N.W.2d 698 (Michigan Court of Appeals, 1977)
People v. Belanger
252 N.W.2d 472 (Michigan Court of Appeals, 1977)
People v. Matheson
245 N.W.2d 551 (Michigan Court of Appeals, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
245 N.W.2d 551, 70 Mich. App. 172, 1976 Mich. App. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matheson-michctapp-1976.