Campbell v. State

• Decision Date: 04 October 2001
• Docket Number: No. 14-00-01077-CV.,No. 14-00-01076-CV.,14-00-01076-CV.,14-00-01077-CV.
• Citation: 68 S.W.3d 747
• Parties: Nathan Dale CAMPBELL, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

68 S.W.3d 747

Nathan Dale CAMPBELL, Appellant, v. The STATE of Texas, Appellee.

No. 14-00-01076-CV.

No. 14-00-01077-CV.

Court of Appeals of Texas, Houston (14th Dist.).

October 4, 2001.

James M. Leitner, Houston, for appellant.

Kevin P. Keating, Dist. Attys. Office, Houston, for appellee.

Panel consists of Justices YATES, FOWLER, and WITTIG.

MAJORITY OPINION

FOWLER, Justice.

This is an accelerated appeal from an extension of court-ordered mental health services. Nathan Dale Campbell, appellant, briefs this court on several issues for our review. He contends (1) the trial court erred in overruling his objection to proceeding with a hearing without two medical certificates on file; (2) the evidence is factually insufficient to justify his confinement; (3) his re-commitment to Rusk State Hospital was fundamentally unfair and denied him due process of law; (4) the court erred by proceeding to a hearing on the day the State's application for extended court ordered mental services was filed; and, (5) he received ineffective assistance of counsel. In his supplemental brief, Campbell calls upon this Court to determine, (1) the relationship of the trial court to the patient once the patient is committed to a State mental hospital, (2) the relationship of the trial court to the State mental hospital once a patient is committed there pursuant to an order of commitment from the District Court, (3) the meaning of the contempt order issued by the trial court, and (4) whether the trial court's new orders create an irreconcilable conflict between the doctors and Campbell, and whether the emphasis for the doctors has been switched from treating Campbell, to trying to stay out of jail.¹

For the reasons below, the trial court's order and judgment is affirmed.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Campbell was arrested and tried for aggravated assault and aggravated kidnaping after he attacked his girlfriend and attempted to remove both of her eyes with a knife. At the close of a bench trial before the 180th District Court in April of 1997, the trial court found Campbell "not guilty by reason of insanity" of the offenses of aggravated assault and aggravated kidnaping. Pursuant to section 46.03 of the Texas Code of Criminal Procedure, Campbell was automatically committed to Vernon State Hospital's maximum security facility. Campbell has been in a psychiatric facility since this time, however, the length of each commitment order has been twelve months. Consequently, Campbell has had yearly reviews by the trial court since his original commitment. On his first commitment, he remained at Vernon State Hospital for approximately 10 months, when, after a finding by the Manifestly Dangerous Review Board that he was no longer "manifestly" dangerous, he was transferred to a less restrictive facility at Rusk State Hospital.

On July 23, 1998, the trial court determined that Campbell continued to meet the criteria for involuntary commitment, and ordered continued inpatient treatment at Rusk for another year. On February 12, 1999, Campbell was transferred to the Harris County Psychiatric Center to await a court proceeding on a modification in treatment, proposed by the superintendent of Rusk State Hospital, Harold R. Parish, Jr., who had notified the trial court that Campbell no longer needed inpatient care, and could be treated on an outpatient basis. Campbell also filed a request to modify the terms of his treatment.

In June of 1999, the trial court held a hearing on whether Campbell's treatment should be modified. Following this bench trial, the trial court, pursuant to section 574.035 of the Texas Health and Safety Code, entered an order extending Campbell's court-ordered mental health services for 12 months. This Court upheld that order on May 25, 2000. Campbell v. State, Nos. 14-99-00620-CV and 14-9900621-CV (Tex.App.—Houston [14th Dist.] May 25, 2000, pet. denied) (not designated for publication), 2000 WL 675142.

Toward the end of this last period of confinement Diane Faucher, the Superintendent of Rusk State Hospital, submitted a report to the 180th District Court. In this report, Faucher stated that, according to Campbell's attending psychiatrist, continued inpatient treatment of Campbell was no longer necessary. She recommended "transfer of commitment to the community and that placement [be] obtained with follow-up care by Harris County Mental Health Authority to assure medication management and periodic counseling." Along with this report was a summary letter from Campbell's treating psychiatrist, Dr. Robert Higginbotham. In this letter, Dr. Higginbotham described that he became Campbell's treating psychiatrist on January 24, 2000, and that he diagnosed Campbell with Bipolar Disorder, which he found was in remission due to the medication Campbell was taking. He also stated that Campbell's problems with marijuana and alcohol abuse were in remission. He then expressed his opinion that because Campbell's aggressive behavior and substance abuse problems were in remission, and because Campbell has a supportive family, he no longer needs inpatient psychiatric treatment, and should be transferred to a less restrictive outpatient setting. Attached to this letter was a "Certificate of Medical Examination for Mental Illness," prepared by Dr. Higginbotham, and sworn to on May 9, 2000. In this certification, Dr Higginbotham did not find that Campbell met the criteria for continued inpatient treatment.

The 180th District Court then ordered Campbell to be transferred to Dr. Roy Varner, the Director of Harris County Psychiatric Center, pending a hearing set for May 30, 2000. The State filed motions for psychiatric evaluations under article 574.035 of the Texas Mental Health Code, asking the court to appoint Dr. Vic Scarano and Dr. Fred Fason to conduct psychiatric examinations of Campbell. The court granted these orders, and both Dr. Scarano and Dr. Fason filed reports with the court. In Dr. Scarano's "Physicians Certificate of Medical Examination for Mental Illness," sworn to on May 28, 2000, he found that Campbell was mentally ill, but did not meet the criteria necessary for continued inpatient commitment. He recommended that Campbell should continue to have court oversight and be transitioned from inpatient to outpatient treatment.

Dr. Fason filed a "Physician's Certificate of Medical Examination for Mental Illness," in which he found that Campbell did meet the criteria for continued inpatient treatment.

In addition, the record contains a faxed, handwritten letter from Douglas Samuels, M.D., whom the trial court, pursuant to section 574.012 of the Health and Safety Code, ordered to make a single portal authority treatment recommendation, stating that the transition from inpatient to outpatient care for Campbell would require a highly structured program with daily monitoring. He stated that Harris County MHMRA was unable to provide such a program.

Although a hearing on Campbell's continued commitment was already set, the State filed its application for extended court ordered mental health services on May 31, 2000. On that day, the 180th District Court held a second hearing to determine whether Campbell continued to meet the criteria for extended court ordered mental health services. Dr. Scarano testified, and recommended that Campbell be transferred to a supervised outpatient program. Dr. Scarano emphasized that Campbell should continue with his medication, and should be subject to court supervision. However, he was of the opinion that, though Campbell remains mentally ill, he was no longer a danger to himself or others. Critical to this conclusion was that as long as Campbell remained on his medication, and remained abstinent from drugs and alcohol, he would not be a danger to himself or others.

Conversely, Dr. Fason testified that Campbell was a continuing danger to others. He stated that Campbell had missed four sessions of therapy at a time when he was telling someone else he wanted more therapy. Dr. Fason expressed his opinion that Campbell is in extreme denial, and that denial is preventing him from confronting the issues that caused his involuntary commitment, and thus preventing him from dealing with the issues that continue to cause him to be a threat to others.

After the State rested, Campbell's counsel called him to the stand. He acknowledged his mental illness. Campbell's mother also testified, stating that she would aid the court in making certain that Campbell complied with the necessary outpatient treatment.

The 180th District Court then ordered Campbell committed to Rusk for another year. This appeal followed. However, less than one month after this case was submitted, the involuntary commitment at issue expired and a new commitment order was entered.

DISCUSSION AND HOLDINGS

I. JUSTICIABILITY

This case was submitted before this Court on May 3, 2001. A decision was not handed down by this panel before the trial court's June 2000 order was superseded by a like order in May of 2001. We asked the parties to brief this Court on the issue of mootness. Before we may address the merits of this appeal, then, we must first consider whether this appeal is moot. For the reasons set forth below, we find that the new order, signed by the judge of the 180th District Court, does not render the appeal of the June 2, 2000 order moot.

Under article V, section 8 of the Texas Constitution, the "judicial power does not embrace the giving of advisory opinions." General Land Office v. OXY U.S.A., Inc., 789 S.W.2d 569, 570 (Tex. 1990). Under the mootness doctrine, if no case or controversy continues to exist, the appeal is moot, and this Court must dismiss the cause. Id.

There is no active current controversy about the June 2, 2000 order. As the State phrased the situation, to rule on that order, "this Court will have to either vacate an order that has already expired or affirm a commitment that has already taken place."...