James v. State of Iowa, 96-1126

Decision Date11 September 1996
Docket NumberNo. 96-1126,96-1126
Citation100 F.3d 586
PartiesJimmy Lewis JAMES, Appellant, v. STATE OF IOWA, Appellee. Submitted:
CourtU.S. Court of Appeals — Eighth Circuit

Appeal from the United States District Court for the Southern District of Iowa.

Patrick W. O'Bryan (argued), Des Moines, IA, for appellant.

Thomas D. McGrane (argued), Des Moines, IA, for appellee.

Before BEAM, HEANEY, and MURPHY, Circuit Judges.

HEANEY, Circuit Judge.

Jimmy Lewis James was convicted in Iowa of first-degree kidnapping, assault with intent to commit sexual abuse, and third-degree sexual abuse. The court sentenced him to a mandatory term of life imprisonment. The Iowa Supreme Court affirmed his conviction. State v. James, 393 N.W.2d 465 (Iowa 1986). James applied for state postconviction relief, which was denied by a state district court and affirmed on appeal by the Iowa Supreme Court; a three-justice panel dismissed James's appeal under Iowa Rules of Appellate Procedure.1 James next petitioned for a writ of habeas corpus in federal court under 28 U.S.C. Section(s) 2254, alleging that he was incompetent to stand trial and that he received ineffective assistance from his trial counsel. The district court denied the petition. James appeals and we affirm.

I.

On September 12, 1984, Jimmy Lewis James was taken to the emergency room at a local hospital by police officers who were concerned by his appearance and behavior. At the hospital, Thomas Garside examined, evaluated, and attempted to treat James. Dr. Garside reported that James was demonstrating signs of fear, panic-like symptoms with impaired judgment, hypermania, and some mental illness. Dr. Garside concluded that James posed no immediate threat to himself or others and recommended voluntary inpatient admission to James, but James refused. Dr. Garside prescribed medication for James on his release as he believed James's condition would otherwise deteriorate. James refused to take the medication at the hospital and never filled the prescription.

Later that evening, James went to see his former girlfriend, who testified that James threatened her, beat her, and sexually abused her. Early the next morning, James encountered several young women and convinced one of the women to return to his apartment. The woman changed her mind en route, but James restrained her until they arrived at his building. He then forced the woman into his apartment and, over the next seven hours, subjected her to severe physical and sexual abuse and torture. At one point, James left the apartment and the woman called the operator for help. James returned shortly before the police arrived. The police forced their way into the apartment, freeing the woman and arresting James.

The next day, the police referred James to the local hospital for evaluation and treatment. Dr. Garside again examined James and concluded that he was in an acute manic state. According to Dr. Garside, James exhibited elements of mania, paranoia, and schizophrenia. He diagnosed James as having an acute manic paranoid syndrome, which is considered a mood disorder rather than a thought disorder. Dr. Garside concluded that James was acutely mentally ill, required medication for control, and was not competent to understand the charges against him or to assist his attorney.2

Dr. Garside transferred James to a state mental health facility. At the facility, Dr. Curtis Frederickson evaluated James to determine whether he was competent when he committed the crimes and whether he was competent to stand trial. Dr. Frederickson concluded that James had the capacity to distinguish right from wrong, to understand the nature of the charge, to assist his attorney, and to form intent consistent with accountability. On the basis of Dr. Frederickson's report, the court allowed James's prosecution to proceed.

On January 15, 1985, prior to trial, James's trial attorneys requested and were granted the right to have James examined by Dr. Ordona, a psychiatrist who had earlier treated him. The examination never took place, however, because Dr. Ordona had lost his hospital privileges. James's counsel took no steps to find another doctor to examine James, and the case proceeded to trial. James pleaded the affirmative defenses of insanity and diminished responsibility. Both Dr. Garside and Dr. Frederickson testified extensively at James's trial.

Consistent with his earlier report, Dr. Frederickson testified that James had the ability to distinguish right from wrong, and that he knew the nature and quality of his acts at the time of his assaults. Dr. Garside gave no opinion about James's state of mind during the assaults, although he stated his belief that James's condition could have deteriorated during the period when the assaults occurred to where James could not control his impulses.

II.
A. State Court Finding of Competence

James claims that his Sixth Amendment rights were violated because, contrary to the determination made by the state district court, he was incompetent to stand trial. We affirm the district court's dismissal of this claim. The Sixth Amendment protects incompetent persons from standing trial. Pate v. Robinson, 383 U.S. 375, 378 (1966); Speedy v. Wyrick, 748 F.2d 481, 484 (8th Cir. 1984). A state court's finding that an accused is competent to stand trial enjoys a "presumption of correctness." Demosthenes v. Baal, 495 U.S. 731, 735 (1990) (per curiam); Davis v. Wyrick, 766 F.2d 1197, 1201 (8th Cir. 1985). In determining whether a defendant is competent, "[c]riminal law presumes that individuals are competent . . . and a finding of competence, once made, continues to be presumptively correct until some good reason to doubt it is presented." Garrett v. Groose, 99 F.3d 283, 286(8th Cir.1996) (citing Smith v. Armontrout, 865 F.2d 1502, 1506 (8th Cir. 1988) (en banc)). The deference given to a state court's finding of competence remains unless the reviewing court finds that "the applicant did not receive a full, fair, and adequate hearing in the State court proceeding" or that "the applicant was otherwise denied due process of law in the State court proceeding." 28 U.S.C. Section(s) 2254(d)(6)-(7) (1994); Sumner v. Mata, 449 U.S. 539, 544-45 (1981).

To succeed on his due process claim, James must present clear evidence showing that the state court's determination of his competence was wrong. Id. at 550. James has not shown that the court's finding of his competence is unsupported by the record or that either of the section 2254(d) conditions has been met. The court heard testimony from two psychiatrists, who, relying on their examinations of James more than nineteen weeks earlier, disagreed about James's competence to stand trial. The trial court determined that James was competent to stand trial after observing James and hearing the testimony of the psychiatrists.

The reliability of a competency determination is not shaken where "there is no indication that there [is] any new evidence to be presented on the competency issue at the time of trial." Davis, 766 F.2d at 1201 (holding that a ten-month-old competency hearing report establishing that the defendant was competent was reliable). James's mere assertion that his condition required an evaluation closer in time to the trial does not provide the required evidence that the record on which the court relied was unreliable. Furthermore, the results of Dr. Frederickson's evaluation, James's conduct at his arraignment, and his appearance at trial "fairly...

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