State v. Fair

496 A.2d 461, 197 Conn. 106, 1985 Conn. LEXIS 854
CourtSupreme Court of Connecticut
DecidedAugust 6, 1985
Docket11457
StatusPublished
Cited by25 cases

This text of 496 A.2d 461 (State v. Fair) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fair, 496 A.2d 461, 197 Conn. 106, 1985 Conn. LEXIS 854 (Colo. 1985).

Opinion

Peters, C. J.

The issues on this appeal concern the propriety of psychiatric testimony offered by the state to rebut a defense of extreme emotional disturbance. After a jury trial, the defendant, Timothy Fair, was found guilty of murder in violation of General Statutes § 53a-54a (a) and of robbery in the first degree in violation of General Statutes § 53a-134 (a) (2). He appeals from this judgment.

Neither party disputes the facts material to the murder conviction.1 The defendant and the victim lived together from June, 1979, until December, 1980. The couple had a son in April, 1980. On December 26,1980, the victim left the defendant, taking the child with her. She notified the defendant on December 28 that she intended to move to Boston and that he would never see their son again. On the morning of December 29, [108]*108the defendant went to the victim’s place of employment and shot her in the head. She died several days later.

At trial, the defendant claimed that he had shot the victim while suffering from an extreme emotional disturbance caused by his fear that he would never again see his son. Extreme emotional disturbance operates as a partial affirmative defense to murder. One who kills while under the influence of an extreme emotional disturbance cannot be convicted of murder but can be found guilty of manslaughter.2

Upon learning that the defendant intended to rely on this defense, the state moved that the court order the defendant to undergo psychiatric examination by a court-appointed psychiatrist. Over the defendant’s objection, the court granted the motion and appointed Dr. John Young to examine the defendant. Young interviewed the defendant twice and, with the defendant’s permission, reviewed his medical records. The state allowed Young to examine its file on the defendant. The contents of this file included a presentence investigation report that a probation officer had prepared in conjunction with a prior conviction of the defendant. Young studied the report and spoke with its author. At trial, the defendant presented only lay testimony in support of his claim of extreme emotional disturbance. In rebut[109]*109tal, Young testified that the defendant had not been suffering from an extreme emotional disturbance when he shot the victim.

The defendant raises two issues on appeal: (1) that the trial court unconstitutionally forced him to submit to psychiatric examination; and (2) that the state improperly allowed the court-appointed psychiatrist to read a confidential presentence report.

I

The defendant claims that the compelled psychiatric examination he underwent violated his privilege against self-incrimination. We disagree.

The constitutionality of a compulsory psychiatric examination depends upon whether the defendant has placed his mental status in issue. The fifth amendment to the United States constitution and article first, § 8, of the Connecticut constitution ordinarily protect “an accused against compulsory submission to psychiatric examination.” State v. Lovelace, 191 Conn. 545, 550, 469 A.2d 391 (1983), cert. denied, 465 U.S. 1107, 104 S. Ct. 1613, 80 L. Ed. 2d 142 (1984), citing Estelle v. Smith, 451 U.S. 454, 468, 101 S. Ct. 1866, 68 L. Ed. 2d 359 (1981). A criminal defendant waives this privilege, however, when he places his mental status in issue. “[T]he defendant may decide whether to raise the issue of his mental state but if he chooses to do so he exposes his mental processes to reasonable examination by the state.” State v. Lovelace, supra, 551-52.

We recognized in Lovelace that a defendant who claims extreme emotional disturbance places his mental status in issue. Extreme emotional disturbance is a defense whose establishment turns upon the fact-finder’s characterization of the defendant’s psychological condition without regard to any specific element of the crime to which the defense applies. To prove that [110]*110he acted under the influence of an extreme emotional disturbance, the defendant must show, by a fair preponderance of evidence, that: “(a) the emotional disturbance is not a mental disease or defect that rises to the level of insanity as defined by the penal code; (b) the defendant was exposed to an extremely unusual and overwhelming state, that is, not mere annoyance or unhappiness; and (c) the defendant had an extreme emotional reaction to it, as a result of which there was a loss of self-control, and reason was overborne by extreme intense feelings, such as passion, anger, distress, grief, excessive agitation or other similar emotions. Consideration is given to whether the intensity of these feelings was such that his usual intellectual controls failed and the normal rational thinking for that individual no longer prevailed at the time of the act.” State v. Zdanis, 182 Conn. 388, 390-91, 438 A.2d 696 (1980), cert. denied, 450 U.S. 1003, 101 S. Ct. 1715, 68 L. Ed. 2d 207 (1981); see also State v. D’Antuono, 186 Conn. 414, 441 A.2d 846 (1982); State v. Elliott, 177 Conn. 1, 9-10, 411 A.2d 3 (1979).3

Lovelace strikes a balance between the legitimate needs of the state and the cognizable rights of the defendant. On the one hand, without access to a psychiatric report, the state cannot respond intelligently to defenses that concern a defendant’s mental status. On the other hand, the state’s use of information obtained by court-appointed psychiatrists is not unlimited. The state may not rely on statements made by the defendant during a compulsory psychiatric examination to meet its affirmative burden of proving [111]*111the defendant’s guilt in any criminal proceeding. Practice Book § 760;4 cf. United States v. Cohen, 530 F.2d 43, 47-48 (5th Cir. 1976); Lee v. County Court of Erie County, 27 N.Y.2d 432, 267 N.E.2d 452, 318 N.Y.S.2d 705 (1971).

The defendant contends that he did not put his mental status in issue because he never presented expert psychiatric testimony in support of his defense. This argument reads Lovelace too narrowly. In Lovelace, we did note that a psychiatrist had testified on behalf of the defendant. State v. Lovelace, supra, 550-51. We did not thereby establish the defendant’s presentation of his own psychiatrist as a precondition to his waiver of his privilege against compelled psychiatric examination. It would be anomalous to hold that a defendant can put his mental status in issue only through expert testimony when he can also meet his burden of proof on the issue of extreme emotional disturbance simply by offering his own testimony or the testimony of lay witnesses.

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Bluebook (online)
496 A.2d 461, 197 Conn. 106, 1985 Conn. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fair-conn-1985.