United States v. James Neavill

868 F.2d 1000, 1989 U.S. App. LEXIS 2477, 1989 WL 16283
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 1, 1989
Docket87-2692
StatusPublished
Cited by18 cases

This text of 868 F.2d 1000 (United States v. James Neavill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. James Neavill, 868 F.2d 1000, 1989 U.S. App. LEXIS 2477, 1989 WL 16283 (8th Cir. 1989).

Opinions

ARNOLD, Circuit Judge.

James Neavill was convicted of threatening to take the life of the President, a violation of 18 U.S.C. § 871(a).1 He now appeals, arguing that the jury should have been instructed as to the consequences of a verdict of not guilty by reason of insanity, that the jury was incorrectly instructed about the mens rea of the offense, that the evidence was legally insufficient, and that certain evidence was erroneously admitted. Because the jury should have been told about the implications of reaching a verdict of not guilty by reason of insanity, we reverse and remand for a new trial.

I.

On April 28, 1987, eight days after discharging himself from the Missouri State Hospital, James Neavill walked into the Festus, Missouri, police station and threatened to kill the President. He claimed that “James Beckman [was] God” and had hired him to assassinate the President for $35,-000 with an Uzi submachine gun sometime in May. Neavill initially told the officer on duty, Sergeant Self, that he “had a job to do that he didn’t think he could finish.” The officer, who testified that Neavill appeared intoxicated and had a well-known history of mental illness, put him in protective custody. Sergeant Self then called the Secret Service to report the threat on the President’s life. The Secret Service sent over an agent to question Neavill at the Festus jail. Neavill repeated his threats to the agent, this time not wavering in his announced resolve to carry them out. When asked by the agent what he would do if he were released from custody, he replied, “put a bullet in the President’s head.”

Neavill was indicted by a grand jury on the charge of violating 18 U.S.C. § 871(a). He was found competent to stand trial after an examination by Dr. Clayton Petti-piece, Chief of Psychiatry at the Medical Center for Federal Prisoners in Springfield. At trial Neavill’s main defense was insanity. The jury was presented with evidence that Neavill, aged thirty, had been hospitalized thirty-eight times over the preceding ten years, for periods ranging from five days to four months. A Secret Service agent testified that once before, in 1982, Neavill had been investigated for making threats on the President’s life, but that no action had been taken in connection with that incident. The jury learned that the Social Security Administration had determined that Neavill was unable to work due to his mental impairments. The defense brought in psychiatrists who testified that [1002]*1002Neavill was a paranoid schizophrenic. The psychiatrists told the jury that Neavill had been treated with antipsychotic medication during his numerous commitments, including his hospitalization while awaiting trial. Evidence was presented that the James Beckman who Neavill claimed had hired him to kill the President was in fact a fellow mental patient from a prior hospitalization.

The state’s psychiatrists contested the diagnosis of schizophrenia, contending Nea-vill’s primary problems were alcohol and drug abuse and malingering. The government brought out that prior to one of his commitménts, Neavill was in possession of a .38 caliber pistol. All experts were vigorously cross-examined by opposing counsel.

The jury returned a guilty verdict, and Neavill was sentenced to five years’ imprisonment. However, in lieu of incarceration in a federal prison, Neavill was committed to a psychiatric facility as permitted under 18 U.S.C. § 4244. He is currently hospitalized at the Medical Center in Springfield.

II.

Neavill argues that the trial court erred in rejecting his proposed instruction on the consequences of a verdict of not guilty by reason of insanity. Conceding that generally it is not appropriate to instruct the jury on the sentence the defendant might receive, see, e.g., United States v. McCracken, 488 F.2d 406, 423 (5th Cir.1974), since that would “tend to draw the attention of the jury away from their chief function as ... judges of the facts,” id. (quoting Pope v. United States, 298 F.2d 507, 508 (5th Cir.1962), cert. denied, 381 U.S. 941, 85 S.Ct. 1776, 14 L.Ed.2d 704 (1965)), Neavill contends that when the insanity defense is involved the situation is different. He relies on Lyles v. United States, 254 F.2d 725 (D.C.Cir.1957), cert. denied, 356 U.S. 961, 78 S.Ct. 997, 2 L.Ed.2d 1067 (1958), a prosecution under the District of Columbia Code, where the Court said:

The issue of insanity having been fairly raised, the jury may return one of three verdicts, guilty, not guilty, or not guilty by reason of insanity. Jurors, in common with people in general, are aware of the meanings of verdicts of guilty and not guilty. It is common knowledge that a verdict of not guilty means that the prisoner goes free and that a verdict of guilty means that he is subject to such punishment as the court may impose. But a verdict of not guilty by reason of insanity has no such commonly understood meaning.

Id. at 728. Neavill contends that because the jurors may have had misconceptions about the meaning of a not guilty by reason of insanity verdict — perhaps believing the defendant would automatically go free — they should have been instructed as to its actual implications. The jury should have been told, Neavill argues, that a verdict of not guilty by reason of insanity would result in his being committed for treatment. Jurors who did not know this, he says, might have returned a verdict of guilty, despite entertaining a reasonable doubt as to Neavill’s sanity, simply to keep him off the street. .

Before the passage of the Insanity Defense Reform Act, our own Court rejected the Lyles rationale in Pope v. United States, 372 F.2d 710 (8th Cir.1967), vacated on other grounds 392 U.S. 651, 88 S.Ct. 2145, 20 L.Ed.2d 1317 (1968), holding “we ... see no reason why we should depart from the long-established principle that, in the absence of some specific statutory provision, a defendant’s disposition is not a matter for the jury’s concern.” Id. at 731 (Blackmun, J.); see also Apgar v. United States, 440 F.2d 733, 737 (8th Cir.1971). We distinguished Lyles by explaining that the District of Columbia Code provided for a special plea of not guilty by reason of insanity and for commitment in the event of such a verdict. Federal law other than the District of Columbia Code did not then contain these provisions. A federal jury had to choose between verdicts of guilty and not guilty, and disposition of the defendant after a successful insanity defense was unclear. Unless federal officials could persuade local authorities to institute civil [1003]*1003commitment proceedings, the defendant would go free.

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

Related

United States v. Ogren
52 M.J. 528 (Navy-Marine Corps Court of Criminal Appeals, 1999)
United States v. James A. Fisher, III
10 F.3d 115 (Third Circuit, 1993)
United States v. Terry Lee Shannon
981 F.2d 759 (Fifth Circuit, 1993)
U.S. v. Shannon
Fifth Circuit, 1993
United States v. Herman Campbell Barnett, Jr.
968 F.2d 1189 (Eleventh Circuit, 1992)
United States v. Terrance Frank
956 F.2d 872 (Ninth Circuit, 1992)
United States v. Bellrichard
779 F. Supp. 454 (D. Minnesota, 1991)
United States v. Bianchini
759 F. Supp. 1081 (D. Vermont, 1991)
United States v. John Wesley Manning
923 F.2d 83 (Eighth Circuit, 1991)
United States v. Kolby Kristiansen
901 F.2d 1463 (Eighth Circuit, 1990)
United States v. Neavill
877 F.2d 1394 (Eighth Circuit, 1989)
United States v. James Neavill
868 F.2d 1000 (Eighth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
868 F.2d 1000, 1989 U.S. App. LEXIS 2477, 1989 WL 16283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-neavill-ca8-1989.