Eason v. State, 80-641
| Decision Date | 26 October 1982 |
| Docket Number | No. 80-641,80-641 |
| Citation | 421 So.2d 35 |
| Parties | Marc Sanford EASON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Barry J. Clyman, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Theda R. James, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, NESBITT and FERGUSON, JJ.
The defendant appeals his conviction of two counts of first degree murder in the deaths of Donna and Ronald Fulks. We affirm.
The main focus of the defense at trial and on appeal is the sanity of the defendant. The defense argues that because of the defendant's prior adjudication of insanity, he was incompetent to stand trial, unable to give a voluntary confession, and entitled to an acquittal by reason of insanity.
It is undisputed that prior to the murders, Eason had been adjudicated insane by a Michigan court and committed to a state mental hospital. The defendant was never discharged from the hospital, nor was there ever an official declaration that his sanity was restored. The defendant simply escaped from the hospital. While there is ordinarily a presumption that a person is sane, where the accused has been previously adjudged insane, there is a presumption that he is still insane. Horace v. Culver, 111 So.2d 670 (Fla.1959); Corbin v. State, 129 Fla. 421, 176 So. 435 (1937); State v. Campbell, 123 Fla. 894, 167 So. 805 (1936). The presumption is not conclusive, but continues until the prosecution shows that the defendant's sanity has been restored, Campbell, supra; however, to do this, the state is not required to establish that the defendant's sanity was judicially restored. Boone v. State, 183 So.2d 869 (Fla. 1st DCA), cert. denied, 189 So.2d 632 (Fla.1966).
This presumption is one which attends all stages of the criminal proceeding. Until the presumption is overcome, the accused may not be tried, convicted, or sentenced. Corbin, supra; Campbell, supra, at 806. Therefore, we must decide whether the presumption was overcome at each stage.
Three weeks before trial, on August 17, 1979, a competency hearing was held before the trial court. 1 Testimony was taken from two expert witnesses appointed by the court. Both doctors stated that in their opinion the defendant was competent to stand trial for murder. We find that this testimony was sufficient to overcome the presumption of insanity and hold that the defendant was competent to stand trial.
Similarly, we find that the testimony regarding the defendant's ability to understand the Miranda warnings was sufficient to overcome the presumption of insanity at the time the confession was given to police. Detective Martinez, who obtained the confession from the defendant testified that he appeared to be acting at full capacity. This testimony was buttressed by the opinion of Dr. Jaslow, a psychiatrist who was called in to interview the defendant the same day. His impression of the defendant, formulated during the two-hour interview, was that despite the...
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...had attached). "[A] defendant's mental condition at the time of the offense is a question of fact for the jury." Eason v. State, 421 So.2d 35, 37 (Fla. 3d DCA 1982). Where, as here, the defendant has not waived his right to jury trial, the court is without power or authority to decide a fac......
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...hearing. If Price had been adjudicated insane, the state would have the burden of proving he had become sane. In Eason v. State, 421 So.2d 35 (Fla.Dist.Ct.App.1982), the court held that "[w]hile there is ordinarily a presumption that a person is sane, where the accused has been previously a......
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...he is presumed to remain insane until it is shown that he has become sane. Horace v. Culver, 111 So.2d 670 (Fla.1959); Eason v. State, 421 So.2d 35 (Fla.3d DCA 1982). He argues, therefore, that Monroy must be presumed to have been legally insane, and, thus, legally incompetent, from the tim......
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Eierle v. State, 82-877
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