Goode v. Wainwright, No. 82-5244

CourtU.S. Court of Appeals — Eleventh Circuit
Writing for the CourtBefore GODBOLD, Chief Judge, ANDERSON; R. LANIER ANDERSON, III
Citation704 F.2d 593
Docket NumberNo. 82-5244
Decision Date02 May 1983
PartiesArthur Frederick GOODE, III, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

Page 593

704 F.2d 593
Arthur Frederick GOODE, III, Petitioner-Appellant,
v.
Louie L. WAINWRIGHT, Respondent-Appellee.
No. 82-5244.
United States Court of Appeals,
Eleventh Circuit.
May 2, 1983.

Page 595

Wilbur C. Smith, III, Fort Myers, Fla., for petitioner-appellant.

Charles Corces, Jr., Asst. Atty. Gen., Tampa, Fla., for respondent-appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge and HOFFMAN *, District Judge.

Page 596

R. LANIER ANDERSON, III, Circuit Judge:

Appellant Arthur F. Goode, III is a Florida prisoner under the sentence of death. He seeks habeas corpus relief pursuant to 28 U.S.C.A. Sec. 2254 (West 1977). The district court denied any relief. We affirm in part, reverse in part, and remand.

HISTORY OF THE CASE

Goode was found guilty by a jury of the gruesome killing of Jason Verdow, a boy ten years of age. Goode was convicted of first 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 pursuant to Fla.R.Crim.P. 3.850, alleging various constitutional violations in the guilt and penalty phases of his trial. The Florida Supreme Court affirmed the denial of this motion. Goode v. State, 403 So.2d 931 (Fla.1981). During this time, Goode joined with others in filing in the Florida Supreme Court a habeas action, alleging that the Florida Supreme Court had improperly received and considered extra-record materials in deciding the petitioners' direct appeals from their convictions and death sentences. The Florida Supreme Court denied relief. Brown v. Wainwright, 392 So.2d 1327 (Fla.), cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 70 L.Ed.2d 407 (1981). Goode then filed another habeas action in the Florida Supreme Court, alleging ineffective assistance of appellate counsel on his direct appeal. The Florida Supreme Court denied relief. Goode v. Wainwright, 410 So.2d 506 (Fla.1982). Goode filed the instant petition for writ of habeas corpus in federal district court. The district court dismissed the petition, granted a certificate of probable cause for appeal, but denied a motion for a stay of execution pending appeal. This court granted Goode's motion for a stay of execution. Goode v. Wainwright, 670 F.2d 941, 942 (11th Cir.1982). After delaying decision in this case pending the decision in our en banc case, Ford v. Strickland, 696 F.2d 804 (11th Cir.1983), we now consider the merits of Goode's appeal. 1

ISSUES

The case presents eight issues: (1) Goode's competence to stand trial, (2) Goode's competence to waive trial counsel, (3) Goode's waiver of his right to trial counsel, (4) the trial court's general conduct of the trial, (5) the jury instructions concerning mitigating circumstances, (6) the trial court's failure to recite certain statutory and nonstatutory mitigating circumstances, (7) the Florida Supreme Court's alleged receipt and consideration of extra-record materials in deciding Goode's direct appeal, and (8) the trial court's alleged consideration of a nonstatutory aggravating factor in sentencing Goode to death.

After careful consideration, we reject the first seven claims asserted by Goode, but we find merit in the final claim and accordingly reverse.

I. COMPETENCE TO STAND TRIAL

Goode contends that the pretrial hearing on his competence to stand trial was inadequate. He argues that a more in-depth analysis of his mental condition was needed, including more tests, long-term observations, and follow-up examinations. We conclude that the pretrial competency hearing was adequate.

If a bona fide doubt exists as to the defendant's competence to stand trial, the defendant has a due process right to a

Page 597

hearing on that issue. Reese v. Wainwright, 600 F.2d 1085, 1091 (5th Cir.), cert. denied, 444 U.S. 983, 100 S.Ct. 487, 62 L.Ed.2d 410 (1979); 2 Pedrero v. Wainwright, 590 F.2d 1383, 1387 (5th Cir.), cert. denied, 444 U.S. 943, 100 S.Ct. 299, 62 L.Ed.2d 310 (1979); Davis v. Alabama, 545 F.2d 460, 464 (5th Cir.), cert. denied, 431 U.S. 957, 97 S.Ct. 2682, 53 L.Ed.2d 275 (1977); see Drope v. Missouri, 420 U.S. 162, 172-73, 95 S.Ct. 896, 904, 43 L.Ed.2d 103 (1975) (approving state law requirement of "reasonable cause to believe" defendant incompetent); Pate v. Robinson, 383 U.S. 375, 385, 86 S.Ct. 836, 842, 15 L.Ed.2d 815 (1966) (approving state law requirement of "bona fide doubt" as to competence). The test for competence to stand trial is whether the defendant has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding, and whether the defendant possesses a rational and factual understanding of the proceedings against him. Drope v. Missouri, 420 U.S. at 172, 95 S.Ct. at 904 (1975); Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 789, 4 L.Ed.2d 824 (1960); Pride v. Estelle, 649 F.2d 324, 326 n. 4 (5th Cir. June 30, 1981); Reese v. Wainwright, 600 F.2d at 1090-91.

At Goode's competency hearing, four psychiatrists testified. Three of them had been appointed by the trial court, and one obtained by Goode. The three appointed psychiatrists explicitly testified that, in their opinions, Goode met the test for competence to stand trial. Goode's psychiatrist testified that he did not meet the test. The three appointed psychiatrists filed written reports with the trial court, while Goode's psychiatrist detailed his findings in his testimony. Each of the psychiatrists interviewed Goode personally. 3 Each read at least the relevant parts of an exhaustive, 187-page report on Goode's educational, psychological, familial, and criminal background, which was completed less than a year before Goode's Florida trial. The psychiatrists were satisfied that they had sufficient information to reach an opinion as to Goode's competence. Under these circumstances, we hold that Goode received an adequate hearing on the issue of his competence to stand trial.

II. COMPETENCE TO WAIVE TRIAL COUNSEL

Goode contends that the trial court improperly failed to conduct a separate hearing on his competence to waive trial counsel, in addition to the hearing on his competence to stand trial. Goode also argues that the test for competence to waive counsel differs from the test for competence to stand trial, and that the trial court applied the wrong test. We conclude that the trial court conducted an adequate inquiry into Goode's competence to waive counsel under the very test urged by Goode.

Contrary to Goode's assertions, the trial court was not required to conduct a separate and distinct hearing on Goode's competence to waive trial counsel. In Westbrook v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966), the Supreme Court observed that

Although petitioner received a hearing on the issue of his competence to stand trial, there appears to have been no hearing or inquiry into the issue of his competence to waive his constitutional right to the assistance of counsel and proceed, as he did, to conduct his own defense.

Id. (emphasis added).

Three of the four psychiatrists specifically addressed Goode's desire to discharge his

Page 598

attorney and represent himself. The trial court itself questioned one of the psychiatrists as to whether Goode's desire to waive his right to trial counsel and to represent himself was a "rational, logical judgment" that was not "substantially affected by any mental illness or mental disorder." The trial court also asked the psychiatrist whether Goode would be able to "comprehend and understand the significance" of the M'Naghten Rule, which relates to the insanity defense. Further, the trial court asked

If I explained to him [Goode] 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?

Trial Transcript at 917, Florida v. Goode, No. 76-671 (Fla.Cir.Ct.1977) [hereinafter cited as Trial Transcript]. Essentially, the trial court inquired into whether Goode's mental condition permitted him to make an informed judgment as to whether he should waive his right to counsel, and as to how to conduct his own defense. The psychiatrist responded affirmatively to all of the trial court's questions. In our view, the trial court here conducted an adequate inquiry into Goode's competence to waive trial counsel.

Goode also argues that the trial court did not apply the proper test in determining whether Goode was competent to waive trial counsel. According to Goode, the test is as follows;

[W]hether [the defendant] has capacity to appreciate his position and make a rational choice with respect to continuing or abandoning further litigation or on the other hand whether he is suffering from a mental disease, disorder, or defect which may substantially affect his capacity in the premises.

Rees v. Peyton, 384 U.S. 312, 314, 86 S.Ct. 1505, 1506, 16 L.Ed.2d 583 (1966). We need not and do not decide whether the Rees test, which related to a defendant's desire to withdraw his petition for certiorari, applies to the issue of competence to waive counsel.

Assuming arguendo that the Rees test does apply here, we fail to understand Goode's complaint. The trial court in fact applied the very test urged by Goode. As discussed earlier, the trial court questioned one of the psychiatrists as to whether Goode's desire to waive trial counsel was a rational, logical judgment not substantially affected by any mental disorder. In addition, the trial court asked whether Goode was able to comprehend and understand the significance of the proceedings, especially his various fundamental constitutional rights. In our view, this...

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32 practice notes
  • Arthur v. State, CR-91-718
    • United States
    • Alabama Court of Criminal Appeals
    • March 8, 1996
    ...U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and that that right is applicable in capital murder cases. See e.g., Goode v. Wainwright, 704 F.2d 593, 598 (11th Cir.), reversed on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983); Smith v. State, 407 So.2d 894 (Fla.1981), ce......
  • Waters v. Thomas, No. 88-8935
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 27, 1995
    ...this counsel did not invent the "spare him for science" argument. It has been used in other cases. Our opinion in Goode v. Wainwright, 704 F.2d 593, 604 (11th Cir.), rev'd on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983), indicates that a similar argument was used there. ......
  • Magwood v. Smith
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 4, 1986
    ...circuit supplies additional authority for federal review of factual findings relating to mitigating circumstances. In Goode v. Wainwright, 704 F.2d 593 (11th Cir.), rev'd on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983) (per curiam), this court noted the distinction betwe......
  • Burger v. Zant, No. 81-7419
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • October 13, 1983
    ...792 (1978). Second, the state has not raised the procedural default issue and thus it must be deemed waived. See Goode v. Wainwright, 704 F.2d 593, 596 n. 1, 612 n. 25 (11th Cir.1983); Washington v. Watkins, 655 F.2d at 1368; Smith v. Estelle, 602 F.2d 694, 708 n. 19 (5th Cir.1979), aff'd, ......
  • Request a trial to view additional results
32 cases
  • Arthur v. State, CR-91-718
    • United States
    • Alabama Court of Criminal Appeals
    • March 8, 1996
    ...U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), and that that right is applicable in capital murder cases. See e.g., Goode v. Wainwright, 704 F.2d 593, 598 (11th Cir.), reversed on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983); Smith v. State, 407 So.2d 894 (Fla.1981), ce......
  • Waters v. Thomas, No. 88-8935
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 27, 1995
    ...this counsel did not invent the "spare him for science" argument. It has been used in other cases. Our opinion in Goode v. Wainwright, 704 F.2d 593, 604 (11th Cir.), rev'd on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983), indicates that a similar argument was used there. ......
  • Magwood v. Smith
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 4, 1986
    ...circuit supplies additional authority for federal review of factual findings relating to mitigating circumstances. In Goode v. Wainwright, 704 F.2d 593 (11th Cir.), rev'd on other grounds, 464 U.S. 78, 104 S.Ct. 378, 78 L.Ed.2d 187 (1983) (per curiam), this court noted the distinction betwe......
  • Burger v. Zant, No. 81-7419
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • October 13, 1983
    ...792 (1978). Second, the state has not raised the procedural default issue and thus it must be deemed waived. See Goode v. Wainwright, 704 F.2d 593, 596 n. 1, 612 n. 25 (11th Cir.1983); Washington v. Watkins, 655 F.2d at 1368; Smith v. Estelle, 602 F.2d 694, 708 n. 19 (5th Cir.1979), aff'd, ......
  • Request a trial to view additional results

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