Christopher v. State, 62183

Decision Date23 June 1982
Docket NumberNo. 62183,62183
Citation416 So.2d 450
CourtFlorida Supreme Court
PartiesWilliam D. CHRISTOPHER, Defendant, v. STATE of Florida, Appellee.

Michael R. N. McDonnell, Naples, for appellant.

Jim Smith, Atty. Gen. and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.

ADKINS, Justice.

We have for review an order denying a motion to vacate, set aside, or correct sentence. Defendant has also filed a motion for leave to amend pleadings and for remand, a petition for writ of error coram nobis and a motion for stay of execution. We have jurisdiction. Art. V., § 3(b)(1), Fla.Const.1981.

Defendant, William D. Christopher, was convicted and sentenced to death for the murders of his daughter's adoptive mother and the mother's boyfriend. This Court affirmed both the conviction and the sentence. See Christopher v. State, 407 So.2d 198 (Fla.1981), cert. denied, 456 U.S. 910, 102 S.Ct. 1761, 72 L.Ed.2d 169 (1982). Defendant then filed, pursuant to Rule 3.850, Florida Rules of Criminal Procedure, a motion to vacate, set aside or correct sentence. The motion, filed in the circuit court of Collier County, alleged eight grounds for relief. It was denied, and this appeal followed. We consider the issues in the order in which they are raised.

Defendant first claims that he was denied the opportunity to submit to psychological and psychiatric examinations which would have determined whether he was competent to stand trial and whether he was insane at the time of the offenses. In its order denying appellant's motion to vacate, set aside, or correct sentence, the trial court properly classified this as an issue which could have been, should have been, or was raised on direct appeal. It is not a matter which may be considered in a post-conviction relief proceeding. Goode v. State, 403 So.2d 931 (Fla.1981.)

Before the first trial (which resulted in a mistrial) as well as before the second trial, defendant filed a motion requesting appointments of psychiatrists for the purpose of examining defendant and determining his mental competency. Appropriate orders were entered. On each occasion the defendant refused to see the psychiatrist appointed to examine him so no reports were issued. The question arises as to whether it was necessary for the trial judge to have a hearing to determine the competency of defendant to stand trial, i.e., (1) whether the defendant had a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and (2) whether he had a rational as well as a factual understanding of the proceedings against him. See Lane v. State, 388 So.2d 1022 (Fla.1980). The trial court has the responsibility to conduct a hearing for competency to stand trial whenever it reasonably appears necessary, whether requested or not, to ensure that a defendant meets the standard of competency set forth in Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960). In the case sub judice there is nothing in the record which makes it appear reasonably necessary to inquire into the competency of the defendant to stand trial. Therefore the trial court did not have any responsibility to conduct a hearing for this purpose. By refusing to be examined by the psychiatrist, defendant waived the defense of insanity. Parkin v. State, 238 So.2d 817, 821 (Fla.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1189, 28 L.Ed.2d 322 (1971).

Defendant next contends that in light of the circumstances of this case and the sentences imposed in comparable situations, the sentence here ordered is disproportionate, excessive and unwarranted. Execution of the sentence, he argues, would violate the state and federal constitutions because it was "imposed pursuant to a pattern and practice of arbitrary and capricious capital sentencing." This issue, like the first, is one that could have been raised on appeal, and it may not be considered in a rule 3.850 proceeding.

The third claim made is that the sentence imposed is inappropriate, improper, illegal, cruel, and unusual because his polygraph examination "reveals strong doubt as to the guilt or extent of complicity" of appellant. Again, such an issue is one which should have been raised on direct appeal and we will not consider it in this proceeding.

Defendant next contends that this Court violated his due process rights by receiving and considering in his initial appeal psychological reports on him which were not a part of the record. In its order denying defendant's motion to vacate, set aside or correct sentence, the trial court correctly held that it has no jurisdiction to review the action of the Florida Supreme Court on a 3.850 motion. This is not a valid ground for relief. Brown v. Wainwright, 392 So.2d 1327 (Fla.), cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 72 L.Ed.2d ---- (1981).

The fifth claim in defendant's motion is that his constitutional rights were violated by the trial court's refusal to permit the introduction into evidence of the results of his polygraph test. We addressed this issue on defendant's direct appeal and it may not be reviewed a second time in this proceeding.

Defendant's assertion that the death warrant signed by the Governor of Florida was not properly processed and thus is invalid is not an issue cognizable in a 3.850 proceeding. Motions for post-conviction relief are for the purpose of contesting the validity of a judgment or sentence, not the procedural aspects of a death warrant. However, we treat this claim as a petition for habeas corpus and find the death warrant to be legally sufficient.

The seventh claim in defendant's motion is that he was denied the right to a fair and impartial jury chosen from a cross section of the community. More specifically, he contends that the precepts of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), were violated by the excusal of certain persons from service on the jury at his trial. Like several of the preceding issues, this is a matter which should have been raised on direct appeal and we may not consider it now.

Finally, defendant argues that he was denied the effective assistance of counsel guaranteed by the constitutions of Florida and the United States. In his motion, defendant provides nine "facts" which he contends demonstrate that he was inadequately represented and that an evidentiary hearing is warranted. We disagree.

In Knight v. State, 394 So.2d 997 (Fla.1981), we adopted the following standards for determining whether an attorney has provided reasonably effective assistance of counsel:

First, the specific omission or overt act upon which the claim of ineffective assistance of counsel is based must be detailed in the appropriate pleading.

Second, the defendant has the burden to show that this specific omission or overt act was a substantial and serious deficiency measurably below that of competent counsel. As was explained by Judge Leventhal in [United States v. Decoster, D.C.App., 624 F.2d 196] DeCoster III : "To be 'below average' is not enough, for that is self evidently the case half the time. The standard of shortfall is necessarily subjective, but it cannot be established merely by showing that counsel's acts or omissions deviated from a checklist of standards." 624 F.2d at 215. We recognize that in applying this standard, death penalty cases are different, and consequently the performances of counsel must be judged in light of these circumstances.

Third, the defendant has the burden to show that this specific, serious deficiency, when considered under the circumstances of the individual case, was substantial enough to demonstrate a prejudice to the defendant to the extent that there is a likelihood that the deficient conduct affected the outcome of the court proceedings. In the case of appellate counsel, this means the deficiency must concern an issue which is error affecting the outcome, not simply harmless error. This requirement that a defendant...

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22 cases
  • Christopher v. State of Fla.
    • United States
    • U.S. District Court — Southern District of Florida
    • March 13, 1984
    ...sentence and on a petition for writ of error coram nobis. The Florida Supreme Court again upheld the conviction and sentence. 416 So.2d 450 (Fla.1982). B. In the course of the two appeals, the Florida Supreme Court reviewed thirteen 1. denial of psychological and psychiatric examinations 2.......
  • Christopher v. State of Fla.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • July 23, 1987
    ...relief and on a petition for writ of error coram nobis, the Florida court again upheld the convictions and the sentence. Christopher v. State, 416 So.2d 450 (Fla.1982). Christopher, raising eleven claims, 4 petitioned the federal district court for a writ of habeas corpus, as well as for a ......
  • McCrae v. State
    • United States
    • Florida Supreme Court
    • September 15, 1983
    ...which were raised on appeal and decided adversely to the movant are not cognizable by motion under Rule 3.850. E.g., Christopher v. State, 416 So.2d 450 (Fla.1982); Dismuke v. State, 388 So.2d 1324 (Fla. 5th DCA 1980); Faulkner v. State, 226 So.2d 441 (Fla. 2d DCA 1969). Furthermore, any ma......
  • Jones v. State, 85-2687
    • United States
    • Florida District Court of Appeals
    • March 4, 1987
    ...a hearing on defendant's competency if it reasonably appears necessary. Gibson v. State, 474 So.2d 1183 (Fla.1985); Christopher v. State, 416 So.2d 450 (Fla.1982); Rolle v. State, 493 So.2d 1089 (Fla. 4th DCA 1986). In the instant case, the defendant was confined to a wheelchair, and had ex......
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