Ex parte Lee
| Decision Date | 30 January 1987 |
| Parties | Ex parte John Michael LEE. (Re: John Michael Lee v. State). 85-543. |
| Court | Alabama Supreme Court |
M. Ashley McKathan of Powell, Powell & McKathan, Andalusia, for petitioner.
Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for respondent.
The petitioner, John Michael Lee, was indicted in October 1984 by the Grand Jury of Covington County on the charge of robbery in the first degree. See § 13A-8-41, Code of 1975. After a jury trial, Lee was found not guilty by reason of insanity. Subsequently, a hearing was held to determine whether Lee should be involuntarily committed to the Alabama Department of Mental Health. After this hearing, the trial court issued an order which, in pertinent part, read as follows:
"Upon hearing the evidence, the Court finds that the Defendant [Lee] is mentally ill and as a consequence of such mental illness poses a real and present threat of substantial harm to himself and to others; it is therefore, ORDERED, ADJUDGED, and DECREED that the Defendant shall be committed to the custody of the Alabama Department of Mental Health to be confined by said department until he is restored to his right mind or no longer poses a real and present threat of substantial harm to himself or to others."
After his post-trial motions were denied, Lee appealed from that judgment to the Alabama Court of Criminal Appeals. That court affirmed the trial court's judgment without issuing an opinion, 486 So.2d 523 (Ala.Cr.App.1986). Counsel for Lee applied for rehearing and duly included as part of the application a request for a statement of additional facts pursuant to Rule 39(k), A.R.A.P. Rehearing and the Rule 39(k) request were denied. We granted certiorari to review the correctness of the decision of the Court of Criminal Appeals. We reverse and remand.
The underlying facts of this case are rather curious. The victim, Boggie Pickron, testified as follows: Lee and two other individuals, Jimmy Drinkwater (Lee's half-brother) and Fred Suttles, drove up to Pickron's trailer home in Florala, Alabama, on the night of March 10, 1984. Pickron, who had been drinking wine, invited the three into his home even though he did not know them. Once inside, the three began to smoke marijuana while Pickron continued to drink wine. Then, one of the trio, a "tall red-headed boy" (Suttles), asked Pickron if he wanted to gamble. After first refusing, Pickron decided to "cut high card" with Suttles for two dollars. Having decided to gamble, Pickron took a sum of money out of his pocket. Before they could cut the cards, however, Suttles pulled out a pistol and pointed it at Pickron. Suttles then took the money and, along with Lee and Drinkwater, left the trailer and drove away. The amount of money taken totaled $160.
Jimmy Drinkwater testified similarly. He admitted that he, Lee, and Suttles had been to Pickron's trailer on March 10, 1984. He also admitted that he had participated in the robbery of Pickron. However, he stated his belief that Lee had not participated in the crime. He said that he did not remember seeing Lee take any money from Pickron, and that although he did not see who it was that actually took the money, and even though the pistol Suttles used belonged to Lee, he believed that only he and Suttles had actually participated in the robbery.
Curiously, Lee's recollection of the extent to which he participated in the robbery differed from the account set out above. In a statement which was read into evidence, and which had been written by Lee's own hand, Lee related the following:
During cross-examination of the police officer who had read Lee's statement into evidence, Lee's counsel attempted to elicit the officer's opinion as to Lee's mental state at the time he gave the statement. The trial court sustained an objection by the State and refused to allow the testimony. Lee's counsel argues that this ruling unnecessarily limited his right to cross-examination and constitutes reversible error. We agree.
In Alabama, a lay witness may give his opinion on the question of a defendant's sanity or insanity as long as the proper predicate has been laid. Williams v. State, 291 Ala. 213, 279 So.2d 478 (1973); Lokos v. State, 434 So.2d 818 (Ala.Crim.App.1982), affirmed, 434 So.2d 831 (Ala.1983); Carroll v. State, 370 So.2d 749 (Ala.Crim.App.), cert. denied, 370 So.2d 761 (Ala.1979). To lay a proper predicate for the admission of such an opinion, a witness must first have testified: (1) to facts showing that he had an adequate opportunity to observe such defendant's conduct in general, and (2) to his personal observation of specific irrational conduct of the defendant. See Williams v. State, supra; Lokos v. State, supra; Carroll v. State, supra. See also C. Gamble, McElroy's Alabama Evidence, § 128.02 (3d ed. 1977). Of course, in making the determination as to whether the witness has had an adequate opportunity to observe such defendant's conduct so as to render his opinion admissible, much is left to the sound legal discretion of the trial court. Williams v. State, supra.
In the present case, the following transpired during the cross-examination in issue:
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