United States v. Estes

62 M.J. 544, 2005 CCA LEXIS 328, 2005 WL 2839990
CourtUnited States Air Force Court of Criminal Appeals
DecidedOctober 31, 2005
DocketARMY 20020865
StatusPublished
Cited by6 cases

This text of 62 M.J. 544 (United States v. Estes) is published on Counsel Stack Legal Research, covering United States Air Force 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
United States v. Estes, 62 M.J. 544, 2005 CCA LEXIS 328, 2005 WL 2839990 (afcca 2005).

Opinion

OPINION OF THE COURT

SCHENCK, Senior Judge:

A military judge sitting as a special court-martial found appellant guilty, pursuant to his pleas, of absence without leave (AWOL) (two specifications), wrongful use of marijuana (three specifications), and wrongful use of cocaine and methylenedioxymethampheta[546]*546mine (MDMA)1 (one specification each), in violation of Articles 86 and 112a, Uniform Code of Military Justice, 10 U.S.C. §§ 886 and 912(a) [hereinafter UCMJ]. The convening authority approved the adjudged sentence to a bad-conduct discharge, confinement for four months, forfeiture of $737.00 pay per month for four months, and reduction to Private El. This case is before our court for review pursuant to Article 66, UCMJ, 10 U.S.C. § 866.

Appellant asserts his guilty plea was not knowing and voluntary because he had a severe mental disease or defect at the time of his criminal conduct, and his mental disease or defect undermined his trial rendering it fundamentally unfair. Appellant argues that if the military judge inquired about his mental health issues — -prompted by remarks appellant made during his unsworn statement — the military judge would have ordered a sanity board. Appellant further claims he did not provide facts sufficient to sustain his plea of guilty to one AWOL specification because appellant did not admit he was absent from his unit, but instead, told the military judge he remained in the barracks during his absence. We find both assignments of error to be without merit.

APPELLANT’S MENTAL DISEASE OR DEFECT

Facts

Appellant pleaded guilty to, and was found guilty of, two AWOL specifications in violation of Article 86, UCMJ, and five drug-use specifications in violation of Article 112a, UCMJ, 10 U.S.C. § 912a, for using marijuana, cocaine, and MDMA on various occasions over a five-month period. Nothing inconsistent with appellant’s guilty plea was raised during the providence inquiry.

In his unsworn statement during presentencing, appellant spoke extensively about his spiritual development which started during the summer of 1996. He explained he had found God, recognized himself as a sinner, and knew God would forgive him. Appellant stated he had been reading the Bible and had become wiser. Appellant further stated:

In fact, it was August the 6th, 1996; I believe that was the day I got saved. And that day, you know, I found God. I know I found God because you know when you find God. You find it in your heart. You feel it. I’m sure you do. And that day, you know, I knew I was going to sin again, and I knew that God would forgive me for my sins____

Thereafter, the military judge did not inquire into or explain to appellant the defense of lack of mental responsibility, nor did he ask appellant if he had discussed the defense with counsel.

Initial Appeal and First Sanity Board

On 30 April 2003, appellant filed a brief with this court claiming in his only assignment of error that his plea to the second AWOL specification was improvident. On 31 October 2003, while awaiting action on this appeal, appellant requested, pursuant to Rule for Courts-Martial [hereinafter R.C.M.] 1203, that our court order an inquiry into both his mental responsibility and mental capacity in accordance with R.C.M. 706.2 On [547]*54710 December 2003, we granted this request and ordered a sanity board to answer specific questions regarding appellant’s mental responsibility at the time of his offenses, and his mental capacity to participate and assist in his defense at trial and during the appellate process.

On 23 March 2004, a board consisting of one psychiatrist and two psychologists reported that appellant “appears to be dependent on cannabis at the present time and likely has either a substance induced psychotic disorder or schizoaffective disorder, depressive type.” Notwithstanding this diagnosis, the board determined that, at the time of trial, appellant was able to understand the nature of the proceedings and to cooperate intelligently in his defense. It also determined that at the time of his criminal conduct, appellant was able to appreciate the nature and quality or wrongfulness of his conduct. The board farther concluded, as a result of his mental condition, appellant was “unable to understand the nature of the appellate proceedings [and] to cooperate intelligently in his pending appeal.”

On 4 October 2004, based on the first sanity board’s conclusion that appellant could not assist in his appeal because of his severe abuse of illegal drugs, this court stayed appellate proceedings and ordered appellant restored to active duty to receive medical treatment. See R.C.M. 1203(c)(5); see also United States v. Korzeniewski, 7 U.S.C.M.A. 314, 317, 22 C.M.R. 104, 107, 1956 WL 4745 (1956) (holding that a finding of lack of mental capacity tolls proceedings at any stage of the appellate process). We further directed the government to arrange for a new sanity board to examine appellant after completion of his medical treatment to determine his competency to assist in his appeal. We directed that this second board consist of three members, including at least one psychiatrist.

Second Sanity Board

During the months following our October 2004 stay of appellate proceedings, appellant received mental health treatment. He then appeared before a second sanity board which reassessed his condition. On 7 December 2004, the second sanity board, consisting of only one member, a psychiatrist, reported that appellant “suffers from a most serious and severe mental disorder.” The board further found, “this disorder does not render him incapable of understanding the nature of the proceedings before him.” The board concluded appellant was able to “cooperate appropriately in his appeal” and “understand the nature of the appeal process.”

We did not ask the second sanity board for an opinion regarding appellant’s competency at the time of trial or responsibility at the time of his offenses; therefore, the board made no express findings on these subjects. But the board made three statements appellant considers relevant to this appeal. First, the board identified “hyper-religiosity of thinking” as one of the manifestations of his illness. Second, the board stated, “Current Psychosocial and Environmental Problems are determined to be of longstanding duration, i.e., months prior to and including his violations under the UCMJ.” Third, the board reported that “his thought and substance use disorder came to [override] his appreciation of right and wrong.” Although the second sanity board, consisting of only a psychiatrist, did not meet the court-ordered composition requirements, we will still consider its report because the board’s composition did fulfill the R.C.M. 706(c)(1) requirements that a sanity board consist of “one or more persons” and “at least one ... psychiatrist.”

Third Sanity Board

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Cite This Page — Counsel Stack

Bluebook (online)
62 M.J. 544, 2005 CCA LEXIS 328, 2005 WL 2839990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-estes-afcca-2005.