Couch v. Trickey
| Decision Date | 28 December 1989 |
| Docket Number | No. 88-1925,88-1925 |
| Citation | 892 F.2d 1338 |
| Parties | Milton Rene COUCH, Appellant, v. Myrna TRICKEY, Superintendent, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Dorian Amon, St. Louis, Mo., for appellant.
Patrick L. King, Asst. Atty. Gen., Jefferson City, Mo., for appellee.
Before LAY, Chief Judge, and BOWMAN and MAGILL, Circuit Judges.
Milton Rene Couch appeals in forma pauperis the district court's 1 dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1966). Couch contends that the district court erred in concluding that trial counsel was not ineffective for failing to pursue a trial defense of lack of capacity due to mental illness. 2 We find the district court properly concluded that intoxication without psychosis did not constitute a "mental disease or defect" amounting to mental illness in mitigation of criminal responsibility within the meaning of the Missouri Mental Responsibility Act, Mo.Rev.Stat. §§ 552.010-552.020 (1969) and affirm the dismissal of Couch's petition.
On October 5, 1976, Couch was convicted of first degree murder 3 and sentenced to life imprisonment in St. Louis County, Missouri. The Missouri Court of Appeals affirmed the conviction. State v. Couch, 567 S.W.2d 360 (Mo.App.1978). Couch moved for post-conviction relief, pursuant to Missouri Supreme Court Rule 27.26, 4 on the ground that trial counsel's failure to pursue a mental illness defense constituted ineffective assistance. The St. Louis circuit court denied the motion after an evidentiary hearing. The Missouri Court of Appeals affirmed the circuit court's evidentiary and legal conclusions made in the collateral proceeding. 5
In the instant case, Couch petitioned the district court pro se for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, alleging ineffective assistance of counsel in violation of the sixth amendment. Couch claimed that trial counsel failed to (1) adequately investigate a potential "mental disease or defect," the discovery of which would have negated Couch's capacity to stand trial, and (2) failed to interview prosecution witnesses. The district court adopted the magistrate's report and recommendation, 6 dismissed the petition and denied Couch's motions for a certificate of probable cause and appointment of counsel. 7 On Couch's initial appeal, we ordered the district court to make an evidentiary record 8 regarding trial counsel's investigation of potential defenses, since the circumstances involved intoxication that might have negated the specific intent necessary for a conviction on a charge of first degree murder. We then granted Couch's application for a certificate of probable cause on the basis of facts, initially tending to support the ineffectiveness of counsel claim, found by Magistrate Jackson at the evidentiary hearing. However, we now affirm the district court's dismissal of Couch's petition for habeas corpus relief.
Couch entered a bar in St. Louis, Missouri, on the afternoon of May 2, 1975, acted irrationally and drank excessively. Couch left the bar and returned around 8:00 p.m. While continuing to drink excessively, Couch engaged Rose Winn, a female patron, in a conversation. Couch repeatedly bumped into Charles Adams, who was seated on an adjacent barstool. Adams offered Couch his seat. Couch stared at him for several minutes. Then, in an attempt to divert Winn's attention, he bought her a drink. Couch pulled a gun, placed it next to Adams' head, and fired, fatally wounding Adams. Couch then fled.
On May 7, 1975, Couch was committed to the Veterans Administration Medical Center. When interviewed, Couch recounted a history of amnesia due to acute intoxication. Couch claimed not to remember the events of May 2, but indicated that he did not believe he could have killed Adams because he was in a hospital at the time of the shooting visiting his ailing wife. Couch admitted a drinking problem. The staff psychiatrist concluded 9 that Couch suffered from acute brain syndrome associated with alcohol intoxication and amnesia as a direct result, but was not psychotic.
On August 7, 1975, the St. Louis circuit court ordered Couch, pursuant to Mo.Rev.Stat. § 552.020 (1971), 10 to be admitted to the Maximum Security Unit of Fulton State Hospital to undergo a pretrial psychiatric evaluation to determine his capacity to stand trial. Couch was interviewed by a psychiatrist on August 12, 1975. The psychiatrist observed no obvious signs of mental disturbance or thought disorder, no inappropriateness of mood, orientation intact in all spheres, memory for both recent and remote events and no hallucinations or delusions. Couch denied responsibility for the offense charged but admitted to suffering from a manic-depressive condition which he directly attributed to a drinking problem. Couch indicated that he knew murder was wrong and punishable and, significantly, claimed to be able to control his conduct. Tests did not indicate any perceptual or motor abnormalities but did reveal a manipulative personality. Nursing notes supported a determination of a "very" good mental state. The psychiatrist diagnosed "no mental disorder." 11 The Fulton study was filed with the trial court indicating that "no mental disease or defect" existed. Original trial counsel did not object to the study within the statutorily prescribed period. 12 Therefore, since Couch was deemed capable of standing trial, the case was listed on the trial calendar.
Trial counsel consulted with Couch. Couch never contended that he suffered from psychosis as a result of alcoholism. In light of this fact and the fact that original trial counsel did not object to the Fulton study within the statutory period, trial counsel did not undertake to further investigate a mental illness lack of capacity defense based on "mental disease or defect." Trial counsel testified at the evidentiary hearing that in normal course, if a psychiatric report concluded that a defendant had no "mental disease or defect," was not psychotic, and was therefore deemed capable of standing trial, no follow-up would be undertaken unless the defendant exhibited obvious signs of mental disturbance.
Couch contends that he was denied effective assistance of counsel in violation of the sixth amendment. Specifically, Couch alleges that counsel failed to (1) properly investigate and assert the statutory mental illness defense of "mental disease or defect," pursuant to Mo.Rev.Stat. § 552.010 (1969), (2) interview prosecution witnesses, and (3) assert intoxication as a mitigating factor affecting the degree of culpability, and asserted a "ludicrous" alibi defense.
Ineffective assistance of counsel is a mixed question of fact and law. 13 This court must independently review the district court's legal conclusions when considering an appeal in a habeas corpus proceeding. Laws v. Armontrout, 863 F.2d 1377, 1381 (8th Cir.1988) (en banc). However, the district court's findings of fact are only reviewable under the clearly erroneous standard. Additionally, a state court's specific factual findings made in the course of deciding an ineffectiveness of counsel claim are presumed correct pursuant to 28 U.S.C. § 2254(d). See Sumner v. Mata, 449 U.S. 539, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981).
Couch was charged with fatally shooting Adams in a bar. He was intoxicated at the time. In 1975, "mental disease or defect" constituted a mental illness which gave rise to a lack of capacity defense to criminal culpability in Missouri. "Mental disease or defect" was defined as a "congenital and traumatic mental condition as well as disease," but specifically excluded "alcoholism without psychosis." Mo.Rev.Stat. § 552.010 (1969). Therefore, intoxication or drugged condition was not a defense in mitigation of criminal responsibility. 14
The Fulton study found that Couch had no "mental disease or defect" within the meaning of § 552.010, knew and appreciated the nature, quality and wrongfulness of his alleged conduct and was capable of conforming his conduct to the requirements of law. The Fulton study incorporated by reference a medical report from the Veterans Hospital compiled seven days after the shooting. The VA Hospital report diagnosed Couch as suffering from acute brain syndrome associated with alcohol intoxication, accompanied by amnesia. The report concluded that Couch was not psychotic but was an alcoholic who suffered from sociopathic traits and anxiety symptoms. On September 26, 1975, Couch received a copy of the Fulton study. Trial commenced October 4, 1976.
Couch first argues on appeal that trial counsel was ineffective for failing to pursue a mental illness defense (i.e., lack of capacity to stand trial) based on "mental disease or defect." In Laws v. Armontrout, this court, en banc, concluded that trial counsel had conducted an adequate investigation into a possible mental illness defense, since the clinical evidence did not support a conclusion that a "mental disease or defect" existed. 15 The Laws court adopted the legal conclusions of the Missouri Court of Appeals on Laws' Rule 27.26 motion based on the state court's specific findings of fact. 16 Couch appealed from denial of his Rule 27.26 motion. The Missouri Court of Appeals undertook a Laws approach and concluded that the evidentiary record from the Rule 27.26 hearing did not support Couch's claim of ineffective assistance of counsel for failure to assert a mental illness defense based on "mental disease or defect." 17
Couch did not suffer from a congenital or traumatic mental condition or disease. Couch never indicated to counsel that he suffered from psychosis as a result of alcoholism. Evidentiary Hearing Transcript at 16. Couch claimed to suffer from amnesia regarding the event attributed to voluntary intoxication. A claim of amnesia precipitated by voluntary intoxication after the fact is not sufficient evidence...
To continue reading
Request your trial
-
Leisure v. Bowersox
...A state court's decision regarding a claim of ineffective assistance of counsel is a mixed question of law and fact. Couch v. Trickey, 892 F.2d 1338, 1341 (8th Cir.1989). The question of whether petitioner's constitutional rights were violated because he received ineffective assistance of c......
-
Moore v. Kinney, 00-4079.
...de novo, McDowell v. Leapley, 984 F.2d 232, 233 (8th Cir.1993), and its factual findings are reviewed for clear error, Couch v. Trickey, 892 F.2d 1338, 1341 (8th Cir.1989). With these standards in mind, we turn to Moore's 1995 resentencing, and the subsequent Nebraska Supreme Court adjudica......
-
Holloway v. U.S.
...Cir.1970), and in such proceedings we review de novo district court conclusions regarding issues of law, see, e.g., Couch v. Trickey, 892 F.2d 1338, 1341 (8th Cir.1989), as well as issues involving mixed questions of law and fact. See, e.g., Ford v. Lockhart, 904 F.2d 458, 460 (8th Cir.1990......
-
Mathenia v. Delo, 91-2042
...district court's legal conclusions de novo, while findings of fact are reviewed under the clearly erroneous standard. Couch v. Trickey, 892 F.2d 1338, 1341 (8th Cir.1989). To prevail on his claims of ineffective assistance, Mathenia must establish that (1) counsel's performance was deficien......