Binion v. Com., 92-SC-109-MR

Decision Date19 January 1995
Docket NumberNo. 92-SC-109-MR,92-SC-109-MR
Citation891 S.W.2d 383
PartiesCharles Richard BINION, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
CourtUnited States State Supreme Court — District of Kentucky

Edward C. Monahan, Asst. Public Advocate, Frankfort, for appellant.

Chris Gorman, Atty. Gen., Michael L. Harned, Asst. Atty. Gen., Crim. Appellate Div., Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Binion of first-degree rape and first-degree robbery. He was sentenced to 40 years in prison.

The principal issues are whether Binion was unfairly denied funds for a mental health expert and whether the mental health expert provided by the trial court was inappropriate to meet due process requirements. Five other issues are raised as follows: whether the trial judge was biased; whether jury selection was improperly performed by commissioners rather than a computer-generated list; whether there were improper instructions regarding the insanity defense; whether there was insufficient evidence of robbery and whether the first-degree robbery instructions were defective.

Binion, an indigent, admitted entering a Colortyme rental store in Winchester where he threw a glass ashtray at the clerk and then took money from the cash register and raped the young store clerk. He fled the state and was later apprehended by Florida police. Binion confessed to the robbery and rape and stated that he intended to rob the store when he first entered it, but did not decide to rape the victim until after he was in the store. Prior to trial, he indicated that he was going to present an insanity defense and the Kentucky Psychiatric Center was ordered to examine him to determine his competency to stand trial. He was found competent. This appeal followed his conviction.

The question of whether Binion was unfairly denied funds for his own defense mental health expert is the paramount issue. Binion argues that it was error for the state to refuse to provide funds for a mental health expert witness and that the mental health professional provided was inadequate. Clearly, Dr. Harwell Smith is a psychologist, not a psychiatrist. Dr. Smith found Binion competent to stand trial, and the trial judge then ordered another evaluation to determine if Binion was competent at the time of the crimes. The trial judge indicated that if it was determined that a question existed regarding Binion's sanity at the time of the crimes, he would grant the motion to provide a defense mental health consultant. The same psychologist examined Binion and found him to be "borderline mentally retarded and schizophrenic" with "signs of organic brain damage." The psychologist further found that psychosis "likely did play a significant role in motivating the rape" but determined that Binion did not lack substantial capacity to conform his conduct to the requirements of the law. Binion's only defense was insanity. He presented a long history of mental illness and an I.Q. of 76.

Dr. Smith conducted an outpatient evaluation finding Binion competent to stand trial and recognizing that he had a juvenile and adult history of psychiatric treatment and hospitalization. Dr. Smith concluded that Binion functions verbally in a low normal range of intelligence. The trial judge overruled Binion's request for an independent defense mental health consultant. The trial judge ultimately determined that Binion had been provided with a neutral examination which he considered sufficient to meet due process requirements. Dr. Smith examined Binion again on the morning before the trial and determined that he was competent to stand trial.

The seminal case in considering this situation is Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), in which the United States Supreme Court determined that if sanity at the time of the offense is to be a significant factor at trial, the state must, at a minimum, assure the defendant access to a competent mental health expert who will conduct an appropriate examination and assist in evaluation, preparation and presentation of the defense.

The General Assembly has provided for expert mental health assistance for indigent criminal defendants through the enactment of K.R.S. 31.185. K.R.S. 504.070 and K.R.S. 504.080 provide for examination by either a psychologist or psychiatrist appointed by the court. Dr. Smith met the statutory qualifications required by the statutes. The statute provides in pertinent part that any defendant is entitled to the use of the same state facilities for evaluation of evidence as are available to the attorneys for the prosecution. If the attorney considers their use impractical, the court concerned may authorize the use of private facilities to be paid for on court order by the county. Under this statute the authorization to use private facilities paid for by public funds is a matter within the discretion of the trial judge based on a finding that the use of state facilities is impractical. Hicks v. Commonwealth, Ky., 670 S.W.2d 837 (1984). In Ake, the U.S. Supreme Court cited with approval, state statutes, including K.R.S. 31.185, which direct indigent defendants toward the use of state facilities. See Ake, 470 U.S. at 79 n. 4, 105 S.Ct. at 1094 n. 4.

Here, sanity at the time of the offense was the only issue at trial. The KCPC psychologist raised the issue of insanity which triggered the requirement of an appointment of a defense mental health expert pursuant to Crawford v. Commonwealth, Ky., 824 S.W.2d 847 (1992).

In this case, the Director of KCPC stated that it was incapable of acting in the capacity of a defense expert and that Dr. Smith testified under subpoena for the Commonwealth at trial. When cross-examined, Dr. Smith demonstrated an unfamiliarity with the mental health history of Binion and was generally unresponsive to questioning by the defendant's counsel.

Certainly, there was a reasonable basis on which to determine whether the indigent defendant was suffering from insanity or acting from a diminished capacity during the commission of the crime and that he was entitled to either the appointment of, or the funds necessary, to employ a competent mental health expert for assistance in the evaluation and presentation of his defense. K.R.S. 31.185 and K.R.S. 31.200.

The trial judge properly required Binion to submit to an initial evaluation through KCPC. If such an evaluation is conducted by a qualified mental health professional capable of making an accurate and impartial appraisal of the mental status of the patient, it can be of great assistance to the trial judge in...

To continue reading

Request your trial
36 cases
  • Moore v. State, 28, September Term, 2004.
    • United States
    • Court of Special Appeals of Maryland
    • December 14, 2005
    ...444, 330 S.E.2d 563, 566-67 (1985); People v. Lawson, 163 Ill.2d 187, 206 Ill.Dec. 119, 644 N.E.2d 1172, 1192 (1994); Binion v. Commonwealth, 891 S.W.2d 383, 386 (Ky.1995); Polk v. State, 612 So.2d 381, 394 (Miss. 1992); State v. Gambrell, 318 N.C. 249, 347 S.E.2d 390, 395 (1986); De Freece......
  • Woodall v. Com.
    • United States
    • United States State Supreme Court — District of Kentucky
    • August 23, 2001
    ...determined whether the defendant in that matter was competent to stand trial. We are not persuaded by the reliance on Binion v. Commonwealth, Ky., 891 S.W.2d 383 (1995) because it is factually distinguishable. In that case the KCPC report mentioned the possibility of an organic brain defect......
  • Conley v. Commonwealth
    • United States
    • United States State Supreme Court — District of Kentucky
    • June 13, 2019
    ...Ake v. Oklahoma , 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), and our holding implementing the Ake standard in Binion v. Commonwealth , 891 S.W.2d 383 (Ky. 1995), we agree with Conley that, as an indigent, her constitutional right to the appointment of an independent mental health pr......
  • Conley v. Commonwealth
    • United States
    • United States State Supreme Court — District of Kentucky
    • June 13, 2019
    ...in Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), and our holding implementing the Ake standard in Binion v. Commonwealth, 891 S.W.2d 383 (Ky. 1995), we agree with Conley that, as an indigent, her constitutional right to the appointment of an independent mental health p......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT