State v. Chapman

557 S.E.2d 346, 210 W. Va. 292, 2001 W. Va. LEXIS 158
CourtWest Virginia Supreme Court
DecidedNovember 30, 2001
DocketNo. 29633
StatusPublished
Cited by7 cases

This text of 557 S.E.2d 346 (State v. Chapman) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chapman, 557 S.E.2d 346, 210 W. Va. 292, 2001 W. Va. LEXIS 158 (W. Va. 2001).

Opinion

PER CURIAM:

This ease is before the Court on the appeal of the defendant below and appellant, Kenneth Chapman, who pled guilty to two counts of malicious wounding. The appellant was sentenced to a period of confinement in the penitentiary of not less than two nor more than ten years on each of the counts with the sentences to run consecutively. The appellant now claims that the circuit court erred in failing to establish his competency before accepting his plea and in failing to provide him with a fact-finding process to ensure his competency to enter a plea. The appellant further alleges that he was denied effective assistance of counsel.

This Court has before it the petition for appeal, the record, and the briefs and arguments of counsel. For the reasons set forth below, we affirm the circuit court.

I.

FACTS

In the early morning hours of February 18, 1996, an intruder broke into the Man, West Virginia home of John Lawrence, age 81, and his sister, Mary Lawrence, age 79. After being discovered by Mary Lawrence, the intruder beat Ms. Lawrence with a claw hammer. When Ms. Lawrence’s brother, John, came to her aid, the intruder beat him with the claw hammer also. He then dragged the Lawrences from the living room through the kitchen to the bathroom of the house, leaving a trail of blood through each room.

After the intruder fled the scene, the Law-rences called the police and informed them that the intruder was the appellant, Kenneth Chapman. Police officers followed footprints in the snow from the Lawrence home to the residence where the appellant lived with his parents. Officers searched the appellant’s residence, pursuant to his parents’ consent, and discovered the appellant’s blood-soaked clothing. Officers also found a claw hammer with blood on it near the appellant’s residence. The blood on both the clothing and the hammer matched the victims’ blood. Officers then transported the Lawrences to the Chapman residence where they identified the appellant as them attacker.

The appellant was charged with two counts of malicious assault and one count of burglary. The appellant’s counsel moved for a psychiatric evaluation of the appellant to determine if he was competent to stand trial, and the circuit court granted the motion. As a result, the appellant was examined by Timothy Saar, Ph.D., a psychologist, and Imelda Alfonso, M.D., a psychiatrist. Dr. Saar submitted a report which stated:

I interviewed the above named individual and administered the Wechsler Adult Intelligence Seale-Revised (WAIS-R) on July 2, 1996. It is my understanding that you would like me to evaluate Mr. Chapman in order to assess his competency to stand trial. In order to do this, Mr. Chapman must be able to understand the nature of the proceedings and the charges and be able to communicate and cooperate with his attorney.
TEST RESULTS: On the WAIS-R, the patient’s Full Scale I.Q. was 69 (64-73), Vei'bal I.Q. was 60 (55-65), and his Performance I.Q. was 81 (75-89).
[297]*297Mr. Chapman scored in the mild mental retardation range for both Full Scale I.Q. and Verbal I.Q. He scored in the low average range for his Performance Seale. There was a statistical significance of 21 points between his Verbal and Performance at the .01 level. However, it should be noted that a full 20% of individuals will score a Verbal/Performance difference of 15 points or greater. Thus, the significant possibility of pathology is greater at the 25 point or more difference.
As indicated, Mr. Chapman displayed a difference in his Verbal/Performance score. As a general rule, the Verbal score is more subjective to cultural influences whereas the Performance scales are more cultural free. Mr. Chapman’s lower Verbal score may indicate the lack of benefits he received from his education. His higher Performance score, as compared to his Verbal score, may indicate a number of interpretive possibilities including the ability to integrate perceptual stimuli with relevant motor responses, a tendency toward low academic achievements, possible acting out, a doer rather than a thinker, or someone from a relatively low socioeconomic background.
It is my opinion that Mr. Chapman is competent to stand trial but it is recommended that the proceedings be explained in concrete and simplified terms to Mr. Chapman.

Dr. Alfonso submitted a hand-written report which read:

This is in response to your request regarding evaluation of Mr. Kenneth Chapman for competency to stand trial.
He was interviewed on this date [and] was given a diagnosis of Major Depressive Disorder-, single episode, severe [illegible] Marijuana abuse. I reviewed Dr. Saar’s evaluation [and] I agree with his conclusion. He was able to understand the nature of the proceedings [and] the charges against him [and] appeared to be competent to stand trial provided that all proceedings are explained in concrete and simplified [illegible].

The appellant filed a “Petition To Enter Guilty Plea” form and under the “Attorney’s Certificate” section of the form, the appellant’s lawyer signed his name but wrote beside his signature, “I do not currently believe my client to be competent to stand trial or understand the rights he is waiving.” At the subsequent plea hearing, the circuit court conducted a lengthy and detailed colloquy with the defendant. The circuit court then inquired of the appellant’s lawyer to what extent he thought the appellant understood what he was doing. The appellant’s lawyer responded:

Your Honor, at the time we finished these forms I was concerned that he didn’t completely understand the rights that he was waiving. However, today, based on his statements today and based on the psychiatric and psychological reports, I would be prepared to say that I think he’s competent to enter his plea.

The circuit court then made the following findings:

I’ve considered everything in this case. I’ve considered the documents, I’ve considered Mr. Chapman’s testimony here today. I looked over the psychiatric and psychological reports and I’m aware that he does have significant and substantial mental impairment that impairs his functioning. I’m sure [the appellant’s lawyer], in his dealings with him, has attempted to compensate for those. I’ve tried to be as simple as I can in asking the questions. There has been feedback; more than just yes or no. You have answered things, you brought out some specifies about what the evidence was and about witnesses. You understood and you gave me some answers, enough so I think in considering all this and in considering what you’ve done here today, what you’ve said here today, and the psychiatric and psychological, that you do have the competency to stand trial. I previously said that. I think you also are competent to enter your plea.

The circuit court also found that the appellant’s plea was voluntary and knowing.

On September 26, 1996, the circuit court sentenced the appellant to not less than two nor more than ten years on each malicious assault count with the sentences to run con[298]*298secutively. The appellant was resentenced on October 31, 2000 in order that he could perfect an appeal to this Court.

II.

DISCUSSION

1. Competency Issue

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Bluebook (online)
557 S.E.2d 346, 210 W. Va. 292, 2001 W. Va. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chapman-wva-2001.