State v. Gates

503 A.2d 163, 198 Conn. 397, 1986 Conn. LEXIS 695
CourtSupreme Court of Connecticut
DecidedJanuary 21, 1986
Docket11970
StatusPublished
Cited by18 cases

This text of 503 A.2d 163 (State v. Gates) 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. Gates, 503 A.2d 163, 198 Conn. 397, 1986 Conn. LEXIS 695 (Colo. 1986).

Opinion

Hammer, J.

On October 14, 1982, the defendant, Larry Gates, entered pleas of nolo contendere to indictments charging him with the murder of Elizabeth Hart, in violation of General Statutes § 53a-54a, and felony [399]*399murder in connection with the death other infant son, Thomas Hart, in violation of General Statutes § 53a-54c. The court, Corrigan, J., ordered a presentence investigation and continued the case for sentencing. On January 25, 1983, three days prior to the sentencing hearing, the defendant filed a request for examination at the diagnostic unit of the Whiting Forensic Institute (Whiting) pursuant to General Statutes § 17-244.1

On January 28, 1983, the date set by the court for the imposition of sentence, Dr. Walter A. Borden, a psychiatrist who had examined the defendant after his arrest on June 25,1980, and during his hospitalization at the Elmcrest Psychiatric Institute between July 1, 1980, and May 5, 1981, testified in support of the defendant’s motion for a diagnostic evaluation at Whit[400]*400ing. He stated that although the defendant was legally sane and therefore criminally responsible for his actions, he was mentally ill. It was his opinion that the defendant would be dangerous to himself or others in a prison setting and that he should be committed to Whiting for custody, care and treatment.

Borden, in response to questioning by the court, stated that the defendant had no history of assaultive behavior or violence apart from his involvement in the killings of Elizabeth and Thomas Hart. Judge Corrigan also questioned Borden about a previous psychiatric report in which he referred to the defendant’s history of drug and alcohol abuse and the fact that his consumption of drugs and alcohol on the day of the murders was a contributing factor.

[401]*401The court denied the defendant’s request for a diagnostic examination on the ground that the defendant had failed to establish any history of assaultive conduct or violent behavior prior to his arrest or during his subsequent confinement at the correctional centers at Hartford and Cheshire. Judge Corrigan also noted that because drug abuse would not be a problem in confinement, there was no factual basis for Borden’s opinion as to dangerousness. The court then proceeded with the sentencing hearing over the defendant’s objection. After hearing the arguments of counsel, the court imposed sentences of twenty-five years to life on the murder charge and fifteen years to life on the charge of felony murder, to run consecutively, for a total effective sentence of forty years to life.

The defendant first claims that under General Statutes § 17-244 a finding of mental illness and dangerousness is required only where the court acts sua sponte. He contends that where the motion for an examination is made by the defendant, it must be granted by the court upon a “finding that such request is justified . . . .”

The state argues that the claim that the statute imposes a different and less stringent standard when the request is initiated by the defendant should not be reviewed because it was not presented to the trial court. Our examination of the transcript fails to disclose any intimation on the part of defense counsel of his present claim that the statute contains two separate and distinct standards. In the absence of exceptional circumstances involving either a recently discovered constitutional right or a showing that the defendant has been deprived of a fundamental constitutional right and a fair trial, claims which are raised for the first time on appeal will not be considered by this court. State v. Gethers, 197 Conn. 369, 395, 497 A.2d 408 (1985); State v. Evans, 165 Conn. 61, 69, 327 A.2d 576 (1973).

[402]*402A person who has been convicted of a crime and who is subject to incarceration has no constitutional right to be committed to any particular institution and his confinement in any of the state’s facilities “is within the normal limits or range of custody which the conviction has authorized the State to impose.” Meachum v. Fano, 427 U.S. 215, 225, 96 S. Ct. 2532, 49 L. Ed. 2d 451, reh. denied, 429 U.S. 873, 97 S. Ct. 191, 50 L. Ed. 2d 155 (1976); see also State v. Davis, 190 Conn. 327, 337, 461 A.2d 947, cert. denied, 464 U.S. 938, 104 S. Ct. 350, 78 L. Ed. 2d 315 (1983). Although due process affords certain safeguards to a convicted defendant who may be subject to psychiatric treatment in a state hospital against his will, he does not have a constitutionally protected liberty interest in being committed to a state mental hospital merely because he believes that in-patient psychiatric treatment is appropriate to his needs. See Vitek v. Jones, 445 U.S. 480, 493-94, 100 S. Ct. 1254, 63 L. Ed. 2d 552 (1980); State v. Davis, supra.

We find no basis in this record to consider the defendant’s newly raised statutory claim which was “never called to the attention of the trial court and upon which it necessarily could have made no ruling in the true sense of the v/ord . . . .” State v. Taylor, 153 Conn. 72, 86, 214 A.2d 362 (1965), cert. denied, 384 U.S. 921, 86 S. Ct. 1372, 16 L. Ed. 2d 442 (1966).

The second claim raised by the defendant is that the trial court abused its discretion by failing to order an examination based upon Borden’s opinion that the defendant had a propensity for violence and was potentially dangerous to himself or others. He argues that the court erred by rejecting the psychiatric testimony solely because it was not based on particular instances of assaultive conduct or violent behavior either before or after the commission of the crimes with which he was charged.

[403]*403Predictions of future dangerousness are difficult for both psychiatrists and the courts to make because of the “inherent vagueness of the concept itself,” and such determinations must be dealt with by trial courts to a considerable extent on a case-by-case basis. State v. Cuvelier, 175 Conn. 100, 109 n.5, 394 A.2d 185 (1978). The confinement of a convicted defendant for psychiatric treatment on the basis of such predictions is not solely a medical judgment that he is mentally ill and treatable, but also involves social and legal determinations made by judges or juries “reflecting values generally held in the community, concerning the kinds of potential harm that justify the State in confining a person for compulsory treatment.” Humphrey v. Cady, 405 U.S. 504, 509, 92 S. Ct. 1048, 31 L. Ed. 2d 394 (1972).

Whenever a judge imposes a sentence on a defendant convicted of a violent crime, he must necessarily make a prediction as to that person’s future conduct. See Jurek v. Texas, 428 U.S. 262

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Bluebook (online)
503 A.2d 163, 198 Conn. 397, 1986 Conn. LEXIS 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gates-conn-1986.