Windsor v. Commonwealth

413 S.W.3d 568, 2010 WL 3374240, 2010 Ky. LEXIS 312
CourtKentucky Supreme Court
DecidedAugust 26, 2010
DocketNo. 2008-SC-000383-MR
StatusPublished
Cited by2 cases

This text of 413 S.W.3d 568 (Windsor 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
Windsor v. Commonwealth, 413 S.W.3d 568, 2010 WL 3374240, 2010 Ky. LEXIS 312 (Ky. 2010).

Opinions

Opinion of the Court by

Justice CUNNINGHAM.

Appellant, Shawn Windsor, appeals a judgment of the Jefferson Circuit Court imposing two death sentences. Windsor entered an unconditional guilty plea to two counts of murder, one count of felony theft, and one count of violating a protective order. Windsor admitted that he murdered his wife, Betty Jean, and their son, Corey, by stabbing them with a kitchen knife and beating them with a dumbbell.

Following Windsor’s arrest some six months after the crimes, the case initially proceeded towards trial. On July 7, 2006, the day that the trial was scheduled to commence, Windsor took an overdose of prescription medication. He was taken to the hospital for treatment and later released. In light of Windsor’s suicide attempt, the trial court conducted a competency hearing on July 13, 2006. Windsor was present.

Two psychiatrists testified at the hearing. Dr. Tim Allen, a Kentucky Correctional Psychiatric Center (KCPC) psychiatrist, examined Windsor after his suicide attempt. Dr. Allen testified that he had reviewed three prior KCPC mental evaluations, all of which concluded that Windsor was competent to stand trial. Following his own evaluation of Windsor, Dr. Allen likewise concluded that he was competent to stand trial.

Dr. Walter Butler, a psychiatrist at Louisville Behavioral Health Service, also examined Windsor and concluded that he was still suffering from the after-effects of the prescription drug overdose. Accordingly, Dr. Butler found Windsor incompetent to stand trial at that time and recommended further testing. The trial court ruled the following day, determining that Windsor was competent to stand trial.

Three days later, on July 17th, Windsor announced that he wished to enter a plea of guilty and accept a sentence of death. A Boykin hearing was conducted. In addition to the colloquoy required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), the trial court inquired about Windsor’s health, prior mental health issues, current medication, and drug use. Windsor accepted complete and unqualified responsibility for the charged crimes. He verbally repeated his desire to plead guilty at least five times in open court, in addition to signing AOC Form 491.1 (Commonwealth’s Offer on a Plea of Guilty) and AOC Form- 491 (Motion to Enter Guilty Plea). The trial court made a finding on the record that the plea was knowingly, voluntarily, and intelligently made, and then accepted the guilty plea. However, the trial court denied Windsor’s request to be sentenced immediately.

[571]*571A two-day sentencing hearing was conducted in October 2006. The trial court found the existence of two statutory aggravating circumstances beyond a reasonable doubt: that Windsor intentionally caused multiple deaths; and that a valid protective order was in effect against Windsor at the time he murdered his wife. Against Windsor’s repeated objections, defense counsel presented evidence in mitigation, including the testimony of a psychiatrist, a psychologist, and a mitigation specialist. The trial court ultimately sentenced Windsor to death for the murders of his wife and son, five years imprisonment for theft, and twelve months imprisonment for violation of a protective order.

Windsor now appeals as a matter of right. Ky. Const. § 110(2)(b). Further facts will be developed as necessary.

Subsequent Competency Hearing

Windsor first argues that the trial court erred by failing to postpone the proceedings until a subsequent, thorough competency hearing could be held. The claim is preserved by his RCr 8.06 motion “to stay proceedings pending a determination of Defendant’s competency in light of his request for the Court to impose the death penalty.” The trial court denied the motion, stating that it had not been presented with any indication that Windsor’s competency had changed since the competency hearing held just four days earlier.

RCr 8.06 provides that all proceedings against a criminal defendant shall be postponed when “there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him or her, or to participate rationally in his or her defense.”1 See also KRS 504.100. The standard of review of a trial court’s decision to conduct a competency hearing is whether a reasonable judge should have experienced doubt with respect to competency. Gray v. Commonwealth, 233 S.W.3d 715, 718 (Ky.2007). It is within the trial court’s sound discretion to determine whether “reasonable grounds” exist to question competency, though once such grounds do exist, a competency hearing is mandatory.' Id. Windsor does not challenge the trial court’s initial determination of competency to stand trial following the July 13th competency hearing. Rather, Windsor asserts that the trial court erred in denying his motion to stay the proceeding and hold a hearing on July 17th to determine his competency to plead guilty and request a death sentence for the two murders. Thus, the issue before this court is whether the trial court abused its discretion in finding no reasonable grounds to question Windor’s competency to plead guilty and request a death sentence.

We recognize that there is a higher standard of competency for an individual who wants to enter a plea, and seek the death penalty versus the standard of competency to stand trial. Chapman v. Commonwealth, 265 S.W.3d 156, 181 (Ky.2007). The standard to determine competency to stand trial is whether, “as a result of a mental condition, [the defendant lacks the] capacity to .appreciate the nature and consequences of the proceedings against one or to participate rationally in one’s own defense.” Id. at 173-174. Conversely, the standard to determine competency to plead guilty, waive jury [572]*572sentencing and presentation of mitigating evidence, and request a death sentence is “whether [the defendant] has capacity to appreciate his position and make a rational choice with respect to [pleading guilty, waiving jury sentencing, waiving mitigating evidence, and seeking the death penalty] or on the other hand whether he is suffering from a mental disease, disorder, or defect which may substantially affect his capacity in the premises.” Id. at 180. (citing Rees v. Peyton, 384 U.S. 312, 86 S.Ct. 1505, 16 L.Ed.2d 583 (1966)).

While the trial court should have applied the heightened standard had it granted defense counsel’s motion to stay the proceeding and hold a second hearing,2 the trial court did not abuse its discretion in determining that reasonable grounds did not exist to question Windsor’s competency to plead guilty and request a death sentence. The trial court found Windsor competent to stand trial following a full hearing only four days before the RCr 8.06 motion was made. No evidence was presented with the motion indicating that Windsor’s mental health had deteriorated since the July 13th competency hearing. See Harston v. Commonwealth,

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Related

Dunlap v. Commonwealth
435 S.W.3d 537 (Kentucky Supreme Court, 2013)
Windsor v. Kentucky
181 L. Ed. 2d 128 (Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
413 S.W.3d 568, 2010 WL 3374240, 2010 Ky. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windsor-v-commonwealth-ky-2010.