Sims v. State

614 S.E.2d 73, 279 Ga. 389, 2005 Fulton County D. Rep. 1777, 2005 Ga. LEXIS 418
CourtSupreme Court of Georgia
DecidedJune 6, 2005
DocketS04G1689
StatusPublished
Cited by34 cases

This text of 614 S.E.2d 73 (Sims v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sims v. State, 614 S.E.2d 73, 279 Ga. 389, 2005 Fulton County D. Rep. 1777, 2005 Ga. LEXIS 418 (Ga. 2005).

Opinions

HUNSTEIN, Justice.

We granted appellant Willie Sims’ petition for certiorari in Sims v. State, 267 Ga. App. 572 (1) (600 SE2d 613) (2004), in order to address whether the Court of Appeals applied the appropriate standard of appellate review of the judgment entered on a special verdict that a criminal defendant is competent to stand trial. Because we reject the “any evidence” standard for review of competency verdicts, we reverse the judgment of the Court of Appeals.

Prior to his aggravated sodomy conviction, Sims filed a plea of mental incompetency based on mental retardation pursuant to OCGA § 17-7-130.1 A special jury found him competent and Sims and his co-defendant were thereafter tried together. Sims was found guilty of aggravated sodomy and sentenced as “guilty but mentally retarded.”2 [390]*390Sims appealed contending the evidence was insufficient to sustain the special jury’s finding that he was fit to proceed to trial. Finding that there was some evidence to support the jury’s verdict of competency, the Court of Appeals affirmed. See Sims v. State, supra, 267 Ga. App. at 572 (1).

1. Competency involves a defendant’s mental state at the time of trial. Lindsey v. State, 252 Ga. 493 (III) (314 SE2d 881) (1984). The constitutional test for competency seeks to determine whether the defendant is capable of understanding the nature and object of the proceedings, whether he comprehends his own condition in reference to such proceedings and whether he is capable of rendering his counsel assistance in providing a proper defense. Norris v. State, 250 Ga. 38 (3) (295 SE2d 321) (1982). See Dusky v. United States, 362 U. S. 402 (80 SC 788, 4 LE2d 824) (1960). The constitutional requirement of trial competency “is rudimentary, for upon it depends the main part of those rights deemed essential to a fair trial, including the right to effective assistance of counsel, the rights to summon, to confront, and to cross-examine witnesses, and the right to testify on one’s own behalf or to remain silent without penalty for doing so.” Riggins v. Nevada, 504 U. S. 127, 139-140 (112 SC 1810, 118 LE2d 479) (1992) (Kennedy, J., concurring, citing Drope v. Missouri, 420 U. S. 162, 171-172 (95 SC 896, 43 LE2d 103) (1975)). See also Medina v. California, 505 U. S. 437 (112 SC 2572, 120 LE2d 353) (1992); Pate v. Robinson, 383 U. S. 375 (86 SC 836, 15 LE2d 815) (1966).

OCGA § 16-2-3 establishes the presumption that a person is mentally competent to stand trial. OCGA § 17-7-130 (a) permits a criminal defendant to procure review of mental competency by properly alleging mental incompetency to stand trial. Once alleged, the court is required to conduct a trial whereby a special jury determines the defendant’s mental competency. Id. We have previously held that an OCGA § 17-7-130 special jury trial proceeding to determine competency is in the nature of a “civil proceeding” wherein the defendant bears the higher burden of persuading the jury by a preponderance of the evidence he is mentally incompetent. Partridge v. State, 256 Ga. 602 (1) (351 SE2d 635) (1987). We have also concluded that the procedure required by Georgia to determine if a criminal defendant is competent to stand trial offers a safeguard against the risks and limitations suffered by mentally incompetent individuals. Head v. Hill, 277 Ga. 255, 262 (II) (B) (587 SE2d 613) (2003). The standard of appellate review applied by the Court of Appeals in affirming the finding of competency in this case was whether “any evidence” existed [391]*391to support the competency verdict. Pope v. State, 184 Ga. App. 547 (1) (362 SE2d 123) (1987) (considering the general grounds for civil trials, the court would not have any discretion to grant a new trial where there was “any evidence” to support the jury’s verdict). Sims argues that this significantly deferential civil standard of review is inadequate to protect the constitutional standard implicated in a competency trial because it creates an insurmountable obstacle to meaningful appellate review of competency determinations.

We agree that the “any evidence” standard of review thwarts genuine review of an appeal from a verdict of competency because the presumption of competency would always provide some evidence in support of a finding of competency. Even though an OCGA § 17-7-130 trial on competency is not a criminal action, “it is quasi-criminal in a sense that a finding of competency is a necessary prerequisite to subjecting the accused to a criminal trial for the offense charged.” Jackson v. State, 548 SW2d 685, 690 (Tex. Grim. App. 1977). In our view, any meaningful determination of competency is possible only if appellate review permits an accurate assessment of the presumption of competence. We conclude that because a substantive competency claim requires the defendant to meet the higher standard of proof of incompetency by a preponderance of the evidence, Partridge v. State, supra, 256 Ga. 602 (1), the appropriate standard of appellate review is whether after reviewing the evidence in the light most favorable to the State, a rational trier of fact could have found that the defendant failed to prove by a preponderance of the evidence that he was incompetent to stand trial. Accord Brown v. State, 250 Ga. 66 (2) (c) (295 SE2d 727) (1982).3

2. In applying Pope and the “any evidence” principle long applicable to review of civil cases, the Court of Appeals concluded that because the testimony of the State’s expert constituted “some evidence in support of the verdict,” there was sufficient evidence to sustain the jury’s verdict that Sims failed to carry his burden of proving his mental incapacity by a preponderance of the evidence. Sims asserts that if utilizing a less-deferential standard of appellate review, the evidence was insufficient to support a finding of mental competency. In the interest of judicial economy, we will not remand this matter to the Court of Appeals, but will consider the merits of Sims’ claim.

Sims contends that there was no reasonable evidence that he was capable of assisting his counsel. Sims has an IQ of 45-46, is considered moderately mentally retarded and although thirty-two years old at [392]*392the time of trial, his IQ corresponded to a mental age of seven. A mental health expert who had performed over 2,700 criminal competency evaluations stated that he was not aware of any person with an IQ as low as 45 who had been found competent to stand trial.

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Bluebook (online)
614 S.E.2d 73, 279 Ga. 389, 2005 Fulton County D. Rep. 1777, 2005 Ga. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-ga-2005.