United States v. Jerome Heth

338 F. App'x 489
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2009
Docket08-1810
StatusUnpublished
Cited by3 cases

This text of 338 F. App'x 489 (United States v. Jerome Heth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Jerome Heth, 338 F. App'x 489 (6th Cir. 2009).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Jerome Raymond Heth was charged in a two-count indictment with being a felon in possession of one or more firearms and possession of an unregistered firearm. After three competency evaluations and several hearings before a magistrate judge, Heth was found competent to stand trial and subsequently pleaded guilty to being a felon in possession of two firearms in violation of 18 U.S.C. § 922(g)(1). On appeal, Heth argues that (1) the district court erred in finding him competent to enter a guilty plea and (2) Heth’s trial counsel was ineffective both during the competency proceedings and in advising Heth on entering the guilty plea. For the reasons discussed below, we AFFIRM Heth’s conviction.

I. BACKGROUND

A. Indictment

On January 25, 2007, Jerome Heth was indicted on one count of being a felon in possession of one or more firearms in violation of 18 U.S.C. § 922(g)(1) and one count of possession of an unregistered firearm in violation of 26 U.S.C. § 5861(d). The indictment stemmed from an incident occurring on November 11, 2006, in which Heth failed to stop for a Michigan State Police officer, led police on a twenty-min *491 ute car chase, and then drove onto the property where his two children and them mother were residing. The chase ended when Heth’s vehicle was forced into a ditch by a police car. When the police searched Heth’s vehicle, they discovered a loaded and cocked twelve-gauge sawed-off shotgun and an unloaded twelve-gauge shotgun.

B. Competency Proceedings

Heth was arrested on March 13, 2007. During his first appearance before a magistrate judge, he requested appointed counsel. Counsel, who was appointed the next day, promptly filed a Notice of Insanity Defense. On March 16, 2007, when the parties were before the magistrate judge for arraignment, Heth’s counsel made an oral motion for an evaluation for both insanity at the time of the offense and competency to stand trial. The magistrate judge ordered that a competency evaluation be conducted by the Bureau of Prisons (“BOP”).

On June 29, 2007, the BOP psychologist, Dr. Ron Nieberding, issued a report concluding that “there was little conclusive evidence to suggest the defendant is not able to proceed with the process of criminal adjudication, at the present time.” 6/29/2007 Forensic Report at 11. Dr. Nieberding diagnosed Heth with “Alcohol Abuse,” “Depressive Disorder Not Otherwise Specified,” and “Personality Disorder Not Otherwise Specified.” Id. at 9. The report concluded that, although “Heth does appear to be experiencing symptoms consistent with” these mental conditions, “results of the current evaluation indicated the defendant appeared to maintain a concrete, yet fundamentally accurate factual and rational understanding of his current legal circumstances.” Id. at 10. The report also noted that Heth’s “capacity to assist counsel is less clear” due to the fact that he “is prone to overt suspiciousness,” “can be very demanding in his interactions with others,” and “may at times be seen as difficult, cantankerous, and oppositional,” but Dr. Nieberding concluded that “[tjhese factors do not appear [] to represent an underlying severe mental disorder or defect.” Id. at 11. Based on Heth’s “demonstrated [ ] ability to cooperate, and engage in productive discussion,” the report found that Heth “appears to possess the capacity to assist others, including his attorney, although he may not always choose to do so.” Id.

Meanwhile, Heth filed two motions for new counsel, alleging, among other things, that his counsel was argumentative and would not provide Heth with his case file. Based in part on difficulties in dealing with Heth, Heth’s counsel filed an unopposed motion for an independent forensic competency evaluation. At a competency hearing on July 27, 2007, the magistrate judge inquired about the attorney-client relationship. Heth’s counsel stated that the relationship was “tenuous at best,” but indicated that he believed new counsel would have the same difficulties because “[w]hen you tell a client what they need to hear rather than what they want to hear, oftentimes they won’t hear that.” 7/27/2007 Competency Hr’g Tr. at 3-4. Finding that Dr. Nieberding’s report “was kind of unclear” as to Heth’s competency to assist in his defense, the magistrate judge granted the motion for an independent psychological evaluation and deferred ruling on Heth’s motion for new counsel. Heth stated that he did not need another evaluation and merely wanted an attorney who would represent him well. Id. at 5.

Pursuant to the court’s order, an independent psychologist, Dr. Jeffrey Kielisz-ewski, evaluated Heth both for competency and for insanity at the time of the offense. Dr. Kieliszewski’s competency report con- *492 eluded that Heth was competent to stand trial. Like the previous psychologist, Dr. Kieliszewski diagnosed Heth with “Alcohol Dependence,” “Major Depressive Disorder, Recurrent, Mild,” and “Personality Disorder [Not Otherwise Specified].” 8/21/2007 Competency Psych. Eval. at 7. Also like the previous report, Dr. Kielisz-ewski concluded that “it does not appear that he is impaired by his mental disabilities to the point where he would not understand the nature and object of the proceedings, communicate with his attorney in an effective manner, or adequately assist in his defense.” Id. Although the report noted that Heth “will likely need a somewhat more intense level of education and repeated explanation of concepts as compared to a non-impaired client,” Heth was “not impaired to the point where he would not be competent to stand trial” under “the relevant statute.” Id. at 7-8.

At the next competency hearing, on September 20, 2007, the magistrate judge reviewed the competency evaluation and again asked about the attorney-client relationship. Regarding his relationship with Heth, Heth’s counsel stated that “it’s better” and noted that they had “had a number of conversations that have been productive” and were “on the [cusp] of settling the case ... to the benefit of my client.” 9/20/2007 Competency Hr’g Tr. at 5. Heth, however, disagreed with this characterization, complaining that his counsel would not file motions that Heth asked him to file. Although the magistrate judge indicated that she would be inclined to grant Heth’s motion for new counsel, she did so hesitantly, noting that Heth’s counsel was working in Heth’s best interest and was on the verge of making a beneficial plea agreement. Because she still questioned Heth’s competency, particularly in light of his attempts to dismiss his attorney, the magistrate judge decided to hear testimony from Dr. Kieliszewski on Heth’s competency. Heth again stated that he believed that he was competent to continue with the proceedings.

Dr. Kieliszewski testified at a hearing held on September 25, 2007. Dr.

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Bluebook (online)
338 F. App'x 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jerome-heth-ca6-2009.