State v. Cegelis

638 A.2d 783, 138 N.H. 249, 1994 N.H. LEXIS 10
CourtSupreme Court of New Hampshire
DecidedMarch 3, 1994
DocketNo. 92-663
StatusPublished
Cited by10 cases

This text of 638 A.2d 783 (State v. Cegelis) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cegelis, 638 A.2d 783, 138 N.H. 249, 1994 N.H. LEXIS 10 (N.H. 1994).

Opinion

BROCK, C.J.

The defendant, Craig Cegelis, was convicted in the Superior Court (Brennan, J.) of four counts of aggravated felonious sexual assault, RSA 632-A:2, III (1986 & Supp. 1992) (current version at RSA 632-A:2, 1(c) (Supp. 1993)), and one count of false imprisonment, RSA 633:3 (1986), after a non-bifurcated jury trial, in which he raised an insanity defense. On appeal, the defendant contends that the trial court (1) erroneously instructed the jury concerning his insanity defense, and (2) erred by failing to instruct the [251]*251jury concerning intoxication as part of the insanity defense. We affirm.

The defendant’s convictions stemmed from his assault of a female neighbor at her home on November 3, 1991. At trial, he argued: (1) that the State failed to prove beyond a reasonable doubt the facts alleged in the indictments; (2) that he was in an alcoholic blackout state, rendering him incapable of the requisite mental state for the alleged criminal acts; or (3) that he was insane and not criminally responsible for his actions.

The defendant objected to the proposed insanity defense jury instruction on the ground that it erroneously required a “two-prong test” for insanity, i.e., that the defendant “was mentally ill when he committed the alleged acts and those [acts] were the products of his mental disease.” The defendant argued that the correct “New Hampshire doctrine” required the jury to decide “if it was, in fact, insanity and if it was, in fact, what led or caused to a substantial degree the defendant to commit these acts.” Essentially, the defendant argued that the jury should first decide the factual question of insanity based upon all the evidence. If the jury found him insane, it would then determine whether the insanity caused him to commit the acts. If so, a verdict of not guilty by reason of insanity would be appropriate as the defendant was not criminally responsible for his acts.

On appeal, as at trial, the defendant contends that the instruction was inaccurate “because it couched the issue of insanity in terms of a cause and effect relationship between mental disease/defect and the defendant’s actions.” He argues that the instruction should have explained that the “insanity defense” meant “the defendant suffered from a mental illness or disease which made him not responsible for his actions.”

The State contends that the defendant did not properly preserve the issue for appeal as “he never raised the grounds now being asserted on appeal.” We disagree. It is true that the instruction requested by the defendant at trial differs somewhat from that which he suggests was appropriate on appeal. His objections to the trial court’s insanity defense instruction, however, both at trial and on appeal, are identical. Accordingly, the issue was properly preserved.

Our standard of review for determining whether a trial court’s instruction is proper is as follows:

“The scope and wording of jury instructions is generally within the sound discretion of the trial court, and any allega[252]*252tions of error will be evaluated by interpreting the disputed instructions in their entirety, as a reasonable juror would have understood them, and in light of all the evidence in the case.... [RJeversal of a jury verdict is unwarranted when a jury charge fairly covers the issues and law of a case.”

State v. Plante, 134 N.H. 456, 460, 594 A.2d 1279, 1282-83 (1991) (citations and quotations omitted). The disputed insanity instruction reads in pertinent part:

“[T]he defendant must convince you it is highly probable that he was mentally ill when he committed the alleged acts and that those acts were the product of his mental illness.
A person who is insane at the time that he commits an unlawful act is not criminally responsible if the disease caused his actions. A defendant who asserts the defense of insanity claims that at the time he acted, he was suffering from a mental disease or defect which caused his actions and made him not responsible for those acts.
It is up to you, the jury, to determine as a question of fact whether the defendant suffered from a mental disease or defect that caused him to act as charged. There is no legal definition of what constitutes a mental disease or defect. If at the time of the offense the defendant suffered from a mental disease or defect that caused him to commit the offense, then he is not criminally responsible for the act.
... Whether the defendant had a mental disease or defect and whether the crime was a product of such disease or defect are questions of fact for the jury.”

The purpose of a trial court’s instruction is to state and explain to the jury, in clear and intelligible language, the rules of law applicable to the case. State v. Saucier, 128 N.H. 291, 299, 512 A.2d 1120, 1126 (1986). The insanity instruction given by the trial judge did just that. His use of the words “product of” and “cause” mirrored the terminology that has been used and approved repeatedly to state and explain the insanity defense. See, e.g., Plante, 134 N.H. at 461, 594 A.2d at 1283 (“whether [the] acts are a product of mental illness or disease”); State v. Shackford, 127 N.H. 695, 701, 506 A.2d 315, 318 (1986) (“whether the act was the offspring of insanity: if it was, a criminal intent did not produce it”); State v. Abbott, 127 N.H. 444, 448-49, 503 A.2d 791, 794 (1985) (“whether an individual had a [253]*253mental disease, and whether an act was the product of that disease”); State v. Sadvari, 123 N.H. 410, 414, 462 A.2d 102, 104 (1983) (“whether the crimes were the product of that mental disease or defect”); State v. Plummer, 117 N.H. 320, 327, 374 A.2d 431, 435 (1977) (“defendant’s actions are the product of such a disease”); State v. Jones, 50 N.H. 369, 399 (1871) (“If the defendant had an insane impulse to kill . . . , which he could not control, then mental disease produced the act. If he could have controlled it, then his will must have assented to the act, and it was not caused by disease . . . .”).

The trial court used the words “product of” in both the opening and concluding paragraphs of its insanity defense instruction. The word “caused” appears in the intervening paragraphs. “Product of” implies a causal relationship between a defendant’s mental illness and the criminal acts. Absent this causal relationship, a jury could reasonably find that a defendant suffered from a mental illness but remained criminally responsible for a particular act. See Abbott, 127 N.H. at 448, 503 A.2d at 794. The existence of this causal relationship is essential to a finding of not guilty by reason of insanity. Cf. Jones, 50 N.H. at 372 (affirming trial court’s refusal to give a jury instruction stating: “Any degree of insanity . . . makes [the defendant] also incapable of crime and not responsible, though the jury may be unable to trace any connection between the partial insanity and the act complained of.”).

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Bluebook (online)
638 A.2d 783, 138 N.H. 249, 1994 N.H. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cegelis-nh-1994.