Goode v. State, No. 51480

CourtUnited States State Supreme Court of Florida
Writing for the CourtADKINS; ENGLAND
Citation365 So.2d 381
PartiesArthur F. GOODE, III, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 51480
Decision Date07 September 1978

Page 381

365 So.2d 381
Arthur F. GOODE, III, Appellant,
v.
STATE of Florida, Appellee.
No. 51480.
Supreme Court of Florida.
Sept. 7, 1978.
Rehearing Denied Jan. 15, 1979.

Jack O. Johnson, Public Defender, and W. C. McLain, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.

ADKINS, Justice.

This is a direct appeal from a judgment adjudging defendant guilty of murder in the first degree and a sentence of death.

On the morning of March 5th, 1976, a ten year old child, whom we shall refer to as "Jason", waited for a school bus with other children near his home. A young man, identified by the children as defendant, approached them and began a conversation. Defendant eventually left the bus stop with Jason and walked into a wooded area. A search began when Jason failed to return from school. The next day Jason's nude and beaten body, almost concealed under palmetto fronds, was found in the woods near Jason's home. Jason suffered an anal sexual assault before his death.

The defendant went to Maryland where he had previously escaped from a mental hospital. In Maryland, he kidnapped two

Page 382

young boys and killed one of them in Virginia. Defendant admitted to the survivor that he had murdered Jason. He was tried in Virginia and convicted of murder, receiving a life sentence.

Defendant gave a statement in which he demanded his return to Florida so that he could be convicted of Jason's murder and be executed. Upon his return to Florida, defendant gave a full confession to the state attorney. At his trial he again gave a detailed confession and expressed a desire to be convicted and executed.

Prior to the trial defendant was represented by privately retained counsel. A motion suggesting insanity was filed and heard by the court. Four psychiatrists testified. All of them agreed that defendant suffered from a mental disorder but only one concluded he was incompetent to stand trial or assist in his defense.

The latter psychiatrist, Dr. George W. Barnard, gave the following testimony, in part:

"In summary, Mr. Goode to me shows signs of schizophrenia of the latent type with disturbance in his thoughts, in his thinking, in his affect and his behavior. In addition, I think that he meets the criteria as I understand them related to the issue of competency to stand trial in that and I think here is the misleading part he can give factual information and he does so very readily, and I think that this is deceiving to people in that he appears to make sense about what he is saying, but and I think this is a matter to be argued by you and the State and for the Judge to decide, but is it rational, and I think that is the key issue."

On the other hand, Doctors Tin Myo Than, Robert J. Wald, and Mordecai Haber were of the opinion that defendant was competent to stand trial and assist in his defense.

Dr. Than's testimony contains the following:

"In summary, this young man that I have examined is not psychotic and he understands to a reasonable degree the nature of the charges, the functions of the officers of the Court and the possible outcome of such a trial. Therefore, it is my medical opinion that the Defendant is competent to stand trial, capable of making decisions in his own best interest and also to assist counsel in the preparation of this case."

Dr. Wald's testimony contains the following:

". . . Mr. Goode is an individual who is, in contrast to the opinion of the first psychiatrist who testified, a nonpsychotic individual. He is making a choice based upon nonpsychotic reasons, and his reasoning basically consists of his feeling that he has already been convicted of a murder, Number One. Number Two, he wishes not to spend the rest of his life in prison. Number Three, despite his insistence that he feels no remorse he does indicate that he still considers himself to be dangerous and in a very vague way, but in a very true way indicates that somewhere within himself there is the thought that he should not be allowed to continue to go on in his present course which includes mental illness, which includes murdering young children.

Q If I explained to him the McNaghten Rule in detail are you familiar with that rule?

A Yes.

Q Could he comprehend and understand what I'm saying?

A Yes, sir, he could.

Q Would he comprehend and understand the significance of the rule?

A I believe he would, and I believe he could.

Q If I explained to him trial tactics, his right to remain silent, for instance, the right of defense of insanity, how it's presented, how it could be used, both tactically and factually, could he understand and appreciate what I as the Judge or a lawyer were telling him?

A He could understand and appreciate all of that information, and in my

Page 383

clinical evaluation I made an attempt to talk with him about other alleged offenses and he fully understands the scope of this current investigation and possible trial. He fully understands exactly what he is accused of, what the penalties are. He stressed the wish not to incriminate himself in other areas. He has a, I would say in a nonpsychiatric term, a fairly wily understanding of what is going on."

The testimony of Dr. Haber contains the following:

". . . he is not suffering from a mental disorder to the extent that he cannot assist his counsel...

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41 practice notes
  • State v. Dodd, No. 57414-6
    • United States
    • United States State Supreme Court of Washington
    • October 8, 1992
    ...statute is constitutional. State v. Rupe, 101 Wash.2d 664, 697-98, 683 P.2d 571 (1984). The Florida statute discussed in Goode v. State, 365 So.2d 381 (Fla.1978), the California statute at issue in Massie v. Sumner, 624 F.2d 72 (9th Cir.1980) and People v. Stanworth, 71 Cal.2d 820, 80 Cal.R......
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...degree murder and sentenced to death. On direct appeal, the Florida Supreme Court affirmed the conviction and sentence. Goode v. State, 365 So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). Goode then filed a motion to vacate the judgment and sentence ......
  • Whitmore v. Arkansas, No. 88-7146
    • United States
    • United States Supreme Court
    • April 24, 1990
    ...71 Cal.2d 820, 832-834, 80 Cal.Rptr. 49, 58-59, 457 P.2d 889, 898-899 (1969); Del.Code Ann., Tit. 11, § 4209(g) (1987); Goode v. State, 365 So.2d 381, 384 (Fla.1978) (construing Fla.Stat. § 921.141(4) (1989)); Ill.Rev.Stat., ch. 110A, ¶ 606(a) (1987); Judy v. State, 275 Ind. 145, 157-158, 4......
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...v. State, 366 So.2d 752 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979) (strangulation); Goode v. State, 365 So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979) (sexual assault); Alvord v. State, 322 So.2d 533 (Fla.1975), cert......
  • Request a trial to view additional results
41 cases
  • State v. Dodd, No. 57414-6
    • United States
    • United States State Supreme Court of Washington
    • October 8, 1992
    ...statute is constitutional. State v. Rupe, 101 Wash.2d 664, 697-98, 683 P.2d 571 (1984). The Florida statute discussed in Goode v. State, 365 So.2d 381 (Fla.1978), the California statute at issue in Massie v. Sumner, 624 F.2d 72 (9th Cir.1980) and People v. Stanworth, 71 Cal.2d 820, 80 Cal.R......
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...degree murder and sentenced to death. On direct appeal, the Florida Supreme Court affirmed the conviction and sentence. Goode v. State, 365 So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979). Goode then filed a motion to vacate the judgment and sentence ......
  • Whitmore v. Arkansas, No. 88-7146
    • United States
    • United States Supreme Court
    • April 24, 1990
    ...71 Cal.2d 820, 832-834, 80 Cal.Rptr. 49, 58-59, 457 P.2d 889, 898-899 (1969); Del.Code Ann., Tit. 11, § 4209(g) (1987); Goode v. State, 365 So.2d 381, 384 (Fla.1978) (construing Fla.Stat. § 921.141(4) (1989)); Ill.Rev.Stat., ch. 110A, ¶ 606(a) (1987); Judy v. State, 275 Ind. 145, 157-158, 4......
  • Bundy v. State, No. 57772
    • United States
    • United States State Supreme Court of Florida
    • June 21, 1984
    ...v. State, 366 So.2d 752 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979) (strangulation); Goode v. State, 365 So.2d 381 (Fla.1978), cert. denied, 441 U.S. 967, 99 S.Ct. 2419, 60 L.Ed.2d 1074 (1979) (sexual assault); Alvord v. State, 322 So.2d 533 (Fla.1975), cert......
  • Request a trial to view additional results

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