Tolley v. Commonwealth

892 S.W.2d 580, 1995 Ky. LEXIS 28, 1995 WL 63630
CourtKentucky Supreme Court
DecidedFebruary 16, 1995
DocketNo. 93-SC-922-DG
StatusPublished
Cited by9 cases

This text of 892 S.W.2d 580 (Tolley v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tolley v. Commonwealth, 892 S.W.2d 580, 1995 Ky. LEXIS 28, 1995 WL 63630 (Ky. 1995).

Opinions

SPAIN, Justice.

Michael Tolley seeks review of a decision of the Court of Appeals, affirming an order of the Jefferson Circuit Court entered on May 13, 1992, authorizing personnel of Central State Hospital (CSH) to forcibly medicate Tolley pursuant to a treatment plan previously submitted by the mental hospital. Having granted discretionary review, we now affirm.

The principal issue is whether the specific reference in KRS 202A.196(3) to “the district court” in outlining the procedure to be followed when a mental hospital seeks a determination as to the appropriateness of a treatment plan, was intended by the General Assembly to be a mandatory direction of an [581]*581exclusive forum. The appellant argues in the affirmative, and accordingly contends that the Jefferson Circuit Court lacked jurisdiction to entertain the petition from CSH as well as to enter its order approving the treatment plan.

An explanation of our holding requires a brief review of the facts and of the chronological sequence of prior proceedings. First of all, Michael Tolley was indicted in 1986 for murder in the April 21, 1986, shooting death of an automobile body shop repairman. The victim was shot four times in the chest and twice in the head after he allegedly refused to repair Tolley’s van and turned his back on Tolley. After the Jefferson Circuit Court found him incompetent to stand trial, Tolley was ordered committed to CSH for 360 days. Four days later he escaped from the hospital but was subsequently recaptured and returned to CSH. The record on appeal does not disclose the date. Tolley has been rein-dicted at least two or three times since and each time recommitted to CSH by the circuit court.

On March 5, 1991, Tolley was reindicted and on June 10, 1991, his public defender moved the circuit court for another competency evaluation. She specifically requested the appointment of Dr. Phillip Johnson, a forensic psychologist, who had previously examined Tolley and was familiar with his history. Judge Thomas Knopf granted the motion, whereupon Dr. Johnson made the requested examinations on September 4 and November 27, 1991. His report bore the latter date and once again stated the opinion that Tolley was incompetent to stand trial, being paranoid-schizophrenic. In Dr. Johnson’s opinion, Tolley was actively psychotic and posed a very significant threat to the community.

On December 17, 1991, another hearing was held in the Jefferson Circuit Court before Judge Knopf, who once again found Tolley incompetent to stand trial. He further found Tolley to be a mentally ill person who presented a danger to himself and others as a result of his mental illness, but who could benefit from treatment in a mental hospital. The order further found that, pursuant to KRS 504.110(2), the circuit court had authority to conduct this involuntary hospitalization proceeding and that Tolley met the criteria for involuntary hospitalization set out in KRS 202A026. Thereupon the court ordered Tolley involuntarily hospitalized at CSH for an additional 360 days. On the same day, Judge Knopf entered an additional order dismissing the 1991 indictment without prejudice, reciting the incompetency of Tolley, and stating that it was not likely that he would become competent in the foreseeable future.

Two months later, on February 11,1992, a CSH physician filed a form in Judge Knopfs division of Jefferson Circuit Court, requesting a de novo hearing to determine whether Tolley should be ordered to participate in his prescribed treatment plan, including the administration of certain psychotropic medications; i.e., anti-psychotic drugs which normalize behavior and improve functioning. Subsequently, on April 30, 1992, the Commonwealth’s Attorney’s office filed a similar motion in the same court, and its contents explain why there was a delay in holding the CSH February 11th requested hearing. The motion stated in part:

[DJefense counsel and the Commonwealth met informally to discuss the jurisdictional merit of a De Nov[o] Motion for Involuntary Treatment made in Circuit Court. It was agreed at that time that insofar as the applicable statute clearly reads that all such motions shall arise in the District Court that the matter would best be handled in that Court. While the Motion was not remanded, no further Circuit Court action was pursued upon the understanding that the District Court would entertain the Motion in question.
The Commonwealth was subsequently informed by counsel for the defendant and by a representative of the Office of the Jefferson County Attorney that the District Court did not have jurisdiction in the matter and as such could not go forward on the Motion. Assistant County Attorney, Martin Kasdan referred the Commonwealth to a recent Kentucky Court of Appeals decision as the controlling authority on questions of jurisdiction in this type of [582]*582case. Schuttemeyer v. Commonwealth, Ky.App., 793 S.W.2d 124.

In accordance with the above, counsel for both sides proceeded to a hearing of the matter in Judge Knopfs division of Jefferson Circuit Court on May 11,1992. Both a clinical psychologist and a psychiatrist from CSH testified concerning the need for and the appropriateness of administering antipsy-chotic drugs to Tolley. Both testified that the treatment program prescribed for Tolley was the least restrictive possible in order to protect himself and others. It is designed to reduce his psychotic symptoms so that he can function at a higher level and earn a transfer out of the maximum security area and into a less structured environment. The drugs would also help him with his moods and thought disorders, it is hoped. Tolley refuses to take his medication because of his paranoid ideations and irrational thinking.

Following the hearing, Judge Knopf entered an order on May 13, 1992, approving the tendered treatment plan and authorizing the administration of various named drugs to Tolley “as may be deemed necessary to effectively treat Mr. Tolley’s psychoses.” Counsel for Tolley filed a timely notice of appeal to the Court of Appeals.

Relying heavily on its previous holding in Schuttemeyer v. Commonwealth, Ky.App., 793 S.W.2d 124 (1990), the Court of Appeals held that the Jefferson Circuit Court properly exercised jurisdiction over appellant Tolley herein with regard to both his involuntary hospitalization and the subsequent approval of a treatment plan for him.

In Schuttemeyer, the defendant was found by a jury in the Kenton Circuit Court not guilty by reason of insanity of wanton endangerment in the first degree. The circuit judge held a preliminary hearing and found probable cause to believe that the defendant should be hospitalized. The court further ordered a mental status evaluation to be made pursuant to KRS 504.030 and KRS Chapter 202A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hunter L. Moore v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2024
Alley v. Commonwealth
160 S.W.3d 736 (Kentucky Supreme Court, 2005)
Bishop v. Caudill
118 S.W.3d 159 (Kentucky Supreme Court, 2003)
Tolley v. Commonwealth
65 S.W.3d 531 (Court of Appeals of Kentucky, 2001)
Mobley v. Armstrong
978 S.W.2d 307 (Kentucky Supreme Court, 1998)
Commonwealth v. King
950 S.W.2d 807 (Kentucky Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
892 S.W.2d 580, 1995 Ky. LEXIS 28, 1995 WL 63630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolley-v-commonwealth-ky-1995.