Thompson v. United States

60 M.J. 880, 2005 CCA LEXIS 41, 2005 WL 292213
CourtNavy-Marine Corps Court of Criminal Appeals
DecidedFebruary 9, 2005
DocketNMCCA 200200886
StatusPublished
Cited by1 cases

This text of 60 M.J. 880 (Thompson v. United States) is published on Counsel Stack Legal Research, covering Navy-Marine Corps Court of Criminal Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. United States, 60 M.J. 880, 2005 CCA LEXIS 41, 2005 WL 292213 (N.M. 2005).

Opinion

CARVER, Senior Judge:

The appellant petitioned this court for extraordinary relief in the nature of a writ of error coram nobis, requesting that we set aside our previous decision and reopen direct review of the ease pursuant to Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866, due to his lack of mental competency on appeal.

[881]*881After review of the record of trial, our previous decision, and the pleadings, we grant the petition for extraordinary relief and set aside our previous decision. However, we deny direct review at this time. Instead, in our decretal paragraph, we order that the proceedings be stayed until such time as the appellant may competently assist in his appeal. At that time, he may submit a new brief and assignments of error.

Background

A military judge, sitting as a special court-martial, convicted the appellant, pursuant to his pleas, of two specifications of marijuana use and one specification of marijuana possession, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a.

On 7 November 2001, the appellant was sentenced to a bad-conduct discharge, confinement for 45 days, and reduction to pay grade E-l. After serving his sentence to confinement, the appellant went on appellate leave in December 2001. The convening authority approved the sentence as adjudged on 27 February 2002. The record of trial was docketed with this court on 13 May 2002. The appellant’s initial appellate defense counsel later stated that, despite diligent efforts, she was unable to contact the appellant. She filed her brief and assignments of error on 30 September 2002.

In her brief, the appellant’s initial appellate defense counsel alleged that the bad-conduct discharge was inappropriately severe and that the court-martial order was in error. After review pursuant to Articles 59(a) and 66(c), UCMJ, 10 U.S.C. §§ 859(a) and 866(c), we affirmed the findings and sentence, but directed that the supplemental court-martial order correct the error. United States v. Thompson, No. 200200886, unpublished op. (N.M.Ct.Crim.App. 23 Jun 2003). The supplemental court-martial order corrected the error and ordered execution of the bad-conduct discharge. Navy-Marine Corps Appellate Leave Activity Special Court-Martial Supplemental Order No. 04-0286 of 15 Mar 2004.

On 13 March 2004, the appellant’s mother contacted the initial appellate defense counsel to advise her that the appellant was diagnosed with schizophrenia and had been living in an assisted living facility since his release from confinement. Thereafter a successor appellate defense counsel was assigned and he filed a petition for extraordinary relief requesting that we set aside our previous decision and order an inquiry into the appellant’s mental capacity at the time of the misconduct, at the time of trial, and during the appellate process per Rule for Courts-Martial 706, Manual for Courts-Martial, United States (2000 ed.). The Government opposed the request, arguing that the appellant forfeited review because he did not raise the issue of mental competence at trial or on appeal.

On 6 July 2004, we ordered a R.C.M. 706 board, but did not set aside our previous decision. The Navy psychiatrist who conducted the R.C.M. 706 board interviewed the appellant, the appellant’s mother, and grandmother, and talked with the appellant’s new appellate defense counsel. The psychiatrist also reviewed the appellant’s service and medical records. The psychiatrist reported the appellant’s mental history as follows:

History: CTSN Thompson appeal's to have been in good health until the spring of 2000 when he went home on leave and had an altercation involving his sister.... At one point, he became furious and engaged in a physical altercation with his sister____No psychiatric intervention was done at that time, however his mother sought advice from other professionals who suggested that she call his command and urge them to get an evaluation. CTSN Thompson did get an evaluation in June 2000, but the consult report in the record states that it was for a routine mental health screening for submarine riders. No symptoms were reported, the examination was found to be unremarkable and no diagnosis was made. CTSN Thompson reports that he was sent to anger management around that time.... CTSN Thompson reports that as time went on he became more susceptible to mood fluctuations, stress and anger. The confrontation with his leading petty officer [outburst of temper and yelling] occurred in early 2001 and as the next sub deployment loomed he felt increasingly stressed [882]*882and unable to control his anger and suspiciousness. He noted that this might explain his use of marijuana at the time since he thought it might mellow him out and calm him down. However, he also clearly stated that he knew that it was wrong and he thought he might be able to escape detection.
After his court martial [sic] conviction and release from active duty in Dec 2001, he returned home to Sacramento. His episodes of conflict with his family and mood symptoms quickly escalated. He obtained a job, but became enraged when he perceived that a supervisor was treating a co-worker unjustly. He confronted the supervisor, yelled at him and was subsequently fired. He had another physical altercation with his sister and this time police were called resulting in his being brought to Sutter County Mental Health for evaluation. He was hospitalized for a week and started on Quetiapine (Seroquel). He was not particularly compliant with medication treatment or follow up and ultimately he left Sacramento for the Los Angeles area. He could not hold a job and continued to suffer from symptoms of irritability, impulsivity, paranoid delusions and hallucinations. He was hospitalized in July 2003 in Cerritos and again in January 2004 in Hawthorne. All of his hospitalizations have been for similar reasons of worsening paranoid delusions, irritability and anger with authority figures and aggressive behavior. He has been evicted from multiple Board and Care facilities because of paranoid delusions accompanied by aggressive and disruptive behavior. He has not been consistently compliant with treatment and he has been homeless for long stretches of time in the last two years.
Currently he receives treatment from the Los Angeles County Mental Health system. He is taking Quetiapine (Seroquel) and Aripiprazole (Ability). Both are antipsychotic medications. He has been unable to hold a job, but he is attempting to go to college. He continues to have problems with appropriate public behavior and is about to be evicted from a studio apartment living situation that his grandmother set up for him.

CDR P.S. Hammer, MC, USN, staff psychiatrist, Naval Medical Center, San Diego, memo of 16 Sep 2004 at 2-3. The R.C.M. 706 board report diagnosed the appellant as suffering from schizoaffective disorder and concluded that:

At the time of the alleged criminal conduct, the appellant did have and continues to have a mental disease.

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Bluebook (online)
60 M.J. 880, 2005 CCA LEXIS 41, 2005 WL 292213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-united-states-nmcca-2005.