Mackey v. Dutton

• Decision Date: 05 May 2000
• Docket Number: No. 99-5352,99-5352
• Citation: 217 F.3d 399
• Parties: (6th Cir. 2000) Andrew Mackey, Petitioner-Appellant, v. Michael Dutton, Warden, Respondent-Appellee. Argued:
• Court: U.S. Court of Appeals — Sixth Circuit

Page 399

217 F.3d 399 (6th Cir. 2000)

Andrew Mackey, Petitioner-Appellant, v. Michael Dutton, Warden, Respondent-Appellee.

No. 99-5352

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Argued: May 5, 2000

Decided and Filed: June 28, 2000

Rehearing Denied July 26, 2000

Appeal from the United States District Court for the Middle District of Tennessee at Nashville; No. 93-01012--Robert L. Echols, Chief District Judge. [Copyrighted Material Omitted]

[Copyrighted Material Omitted] Sumter L. Camp, FEDERAL PUBLIC DEFENDER'S OFFICE, Nashville, Tennessee, for Appellant.

Andrew Mackey, pro se.

Elizabeth B. Marney, OFFICE OF THE ATTORNEY GENERAL, CRIMINAL JUSTICE DIVISION, Nashville, Tennessee, for Appellee.

Before: BATCHELDER, MOORE, and BEEZER,^* Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Andrew Mackey, a Tennessee prisoner who was convicted of rape and armed robbery in 1975, appeals the federal district court's denial of his petition for habeas corpus relief. Mackey raises two related arguments. First, he contends that the state trial court denied him due process by its "restrictive rulings on the issue of insanity," including its denial of his motion for an independent psychiatric examination and its refusal to grant a continuance to secure the attendance of his expert witness. Second, Mackey claims that the trial court's denial of an independent psychiatric examination and its refusal to hold a hearing on the issue of his competency to stand trial violated his right to due process. For the reasons set forth below, we AFFIRM.

I. BACKGROUND

In 1975, a jury convicted petitioner-appellant Andrew Mackey of rape and armed robbery, and fixed his punishment at sixty-five years' imprisonment on the former charge and twenty years' imprisonment on the latter. The state trial court ordered that the sentences be served consecutively, for a total of eighty-five years of imprisonment.

Prior to trial, Mackey filed a petition for a psychiatric evaluation on grounds of both incompetency to stand trial and insanity at the time of commission of the crimes. In this petition, Mackey explained his history of mental illness and attached several supporting documents. First, Mackey submitted the affidavit of one of his trial attorneys, Charles O. Ragan, Jr. Ragan's affidavit stated:

That based upon [] personal interviews [with Mackey and Mackey's treating doctors], it is the opinion of affiant that Andrew Mackey suffers from some sort of mental incapacity. This is based primarily upon his inability to respond to direct questions and then upon analysing [sic] the eventual response it appears he does not fully comprehend the circumstances. At times, his response and ability to assist counsel is better than at others, but on the whole he exhibits great difficulty in communicating and assisting in his defense.

Joint Appendix (hereinafter "J.A.") at 55 (Ragan Aff.).

Second, Mackey submitted a report from Dr. J.A. Conroy of the Veterans Administration Hospital in Murfreesboro, Tennessee, where Mackey was hospitalized from December 2, 1970 through December 31, 1970. Dr. Conroy's report diagnosed Mackey with "[s]chizophrenia, chronic, undifferentiated type, moderate, manifested by flattened affect, autistic ideation, hallucinations, delusions, ideas of reference and persecution, apprehensiveness, withdrawal, feelings of unreality, and a lack of insight or much sound judgment in an immature, inadequte [sic] person of long-term schizoidal orientation." J.A. at 57 (Conroy Report). Dr. Conroy's report further explained:

[Mackey] was admitted to this hospital for the first time on 12/2/70 having been sent here by the Nashville VA Hospital Outpatient Clinic because of a relapse in his psychosis. It is reported that he had been increasingly nervous, agitated, disturbed, unable to adjust and feared some harm might befall him and had many somatic complaints. The veteran has been in the Erlanger Hospital in Chattanooga, Tenn. several times for various somatic complaints. On admission here he was uncooperative, he had a long beard and refused to shave. He was delusional and apprehensive. He was sent to the closed ward, kept under observation and as he gradually improved he was granted privileges. The routine physical examination on admission was not remarkable. . . . As the patient was agitating for his release from the hospital it was decided that soon after the staffing procedures he could be discharged. He was discharged at his own request effective 12/31/70. He is considered COMPETENT to handle VA funds.

J.A. at 57 (Conroy Report).

Third, documents detailing Mackey's problems while in the military and his honorable discharge therefrom were attached, including a report prepared by an examining psychiatrist dated July 13, 1970. This report indicated with regard to Mackey's mental status: "[He] related in a slow, confused but cooperative manner. Affect was inappropriate. He seemed quite worried and depressed. Could not do serial sevens and was not oriented to person, place, and time. Intelligence estimated at below normal." J.A. at 62 (Kurtz Report).

The petition also explained that Mackey received a head injury diagnosed as a cerebral concussion with inversion reaction in 1967 and was hospitalized at Erlanger Hospital for treatment, and that he had been admitted to Erlanger Hospital on two other occasions within the past three years for self-inflicted wounds.

In response, the State of Tennessee moved to include in the record a psychiatric report dated July 12, 1971 "to assist the Court in ruling on defendant's motion for additional psychiatric examination." J.A. at 74 (Mot. to Add Psychiatric Report). The State's report was prepared by Dr. J.N. Fidelholtz, the Director of the Maximum Security Unit of the Central State Psychiatric Hospital in Nashville, and was for the purpose of evaluating Mackey's mental status prior to an armed robbery trial. Dr. Fidelholtz wrote: "Our hospital staff came to the conclusion that [Mackey] is NOT INSANE at the present time. We believe he knows right from wrong and that he is competent to advise counsel in his own defense; therefore, we recommend his return to court for disposition of his case." J.A. at 75 (Fidelholtz Report).

The trial court held a hearing on Mackey's petition for a psychiatric evaluation on January 8, 1975, and denied the petition on January 20, 1975. The trial court explained:

In addition to the documents attached to the petition, the State's attorney has called attention to a report by the then director of the Maximum Security Unit of Central State Hospital, dated July 12, 1971, in connection with a prosecution of the defendant for Armed Robbery and the Court has noticed the report of an examination made by J.S. Cheatman [sic], M.D., a specialist in psychiatry, made to the Court and this Judge on July 18, 1974, in connection with a prosecution of this defendant on a charge of Grand Larceny and Receiving and Concealing and Joyriding. The evaluation of Dr. Cheatman was made on a request of this Court on petition of the same attorney for the defendant, the defendant being indigent and the attorney being appointed. Dr. Cheatman concluded, "I am further of the opinion that he possesses sufficient mature capabilities to understand the nature of the procedures and charges against him to assist counsel in the preparation of his defense." Central State Hospital reported on July 12, 1971 as follows: "Hospital staff came to the conclusion that he is not insane at the present time. We believe he knows right from wrong and that he is competent to advise counsel in his own defense . . . ." It appears from the doctuments [sic] attached to the instant petition that the defendant has a long history of anti-social behavior, but there is nothing in the documents to indicat [sic] insanity past or present. . . . [T]here is not a sufficient showing to warrant a further psychiatric examination [of] this defendant, it is therefore accordingly ORDERED and ADJUDGED that the relief sought be denied and the petition [be] dismissed.

J.A. at 76-77 (Order Denying Mot. for Psychiatric Examination).

On January 23, 1975, five days prior to the scheduled date for trial, Mackey made a motion to cancel the trial assignment in which he also requested an order permitting him to take the deposition of Dr. J.A. Conroy. The motion explained that Dr. Conroy, who had been subpoenaed to testify in support of Mackey's defense of insanity, was "too ill to travel and cannot appear in Court on January 28, 1975, but can give a deposition." J.A. at 78 (Mot. to Cancel Trial Assignment). The trial court heard argument on this motion the following day. At the hearing, the prosecutor opposed the continuance, but expressed reservations about going to trial without the defense's only expert witness, and so suggested that Dr. Conroy be deposed. The trial court overruled the motion as not well taken.

Mackey's trial proceeded with no expert witness testifying in support of Mackey's defense of insanity. Mackey did not testify before the jury, but his mother and father both testified as to his mental condition: "They said that in the months before these incidents the defendant was not acting normally and seemed 'off;' that he had suffered a head injury in high school and his behavior had changed. His parents said he did not appear to know the difference between right and wrong although they retreated from this to some extent on cross-examination." Mackey v. Tennessee, 537 S.W.2d 704, 706 (Tenn. Crim. App. 1975). The defense also presented the testimony of Emanuel Cranford, Mackey's high school football coach, who described an incident in which Mackey was knocked unconscious during football practice; the defense wanted to use Cranford's testimony to lay the groundwork for Dr. Conroy to testify that a serious concussion could have been a direct cause of mental illness. The trial court limited Cranford's testimony.

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