Hans v. State

Decision Date02 July 1997
Docket NumberNo. 93-176,93-176
Citation283 Mont. 379,942 P.2d 674
PartiesKristofor HANS, Petitioner, v. STATE of Montana, Respondent.
CourtMontana Supreme Court

William Hooks, Appellate Defender, Helena, for Petitioner.

Joseph P. Mazurek, Attorney General; Patricia Jordan, Assistant Attorney General, Helena, Thomas P. Meissner, Fergus County Attorney, Lewistown, for Respondent.

LEAPHART, Justice.

Petitioner, Kristofor Hans, filed with this Court, on November 17, 1993, an amended petition for post-conviction relief from his conviction in the Tenth Judicial District Court, Fergus County. In an August 25, 1994 Order we denied two of Hans' claims and reserved decision on the remaining three claims pending an evidentiary hearing and findings of fact and conclusions of law in the District Court. Following the District Court's findings of fact and conclusions of law filed on November 21, 1996, we ordered supplemental briefing by the parties to assist this Court in ruling on Hans' remaining post-conviction relief claims. After reviewing the District Court's findings of fact and conclusions of law and the parties' briefs, we deny Hans' remaining claims for post-conviction relief, except to the extent that we allow Hans to further amend his petition to address appealable sentencing issues.

We review the following claims in Hans' amended petition for post-conviction relief:

1) whether Hans' counsel rendered ineffective assistance in violation of Hans' rights as guaranteed by the Sixth Amendment to the United States Constitution and Article II, Section 24 of the Montana Constitution;

2) whether Hans' guilty plea was entered knowingly, voluntarily, and intelligently;

3) whether the mental health evaluators' failure to advise Hans of his right to the presence of counsel, his right not to submit to the evaluation, and that any statements could be used against him violated Hans' rights to due process and assistance of counsel, and his privilege against self-incrimination.

Factual and Procedural History

On December 4, 1986 Hans, then aged 14, was taken into custody following a shooting incident at Fergus County High School in which a substitute teacher was shot and killed, the vice-principal was shot and wounded, and two students were wounded by bullet fragments. The State of Montana (State) filed a petition in Youth Court alleging the offenses of deliberate homicide and attempted deliberate homicide. Counsel was appointed to act as guardian ad litem for Hans. The court ordered that Hans be committed to the State Department of Institutions and that a mental evaluation be prepared. Subsequently, the State filed a motion to transfer the case from Youth Court to District Court.

Pursuant to a motion by the prosecutor and stipulation by defense counsel, mental health evaluations prepared at the Montana Youth Treatment Center were submitted to the Youth Court, with copies to the county attorney and to defense counsel. The Youth Court ordered that Hans be transferred from the Montana Youth Treatment Center to the Pine Hills Institution in Miles City in order that he be evaluated by the Department of Institutions, and that copies of all reports be sent to Youth Court and counsel for each party, pursuant to stipulation of counsel.

A hearing was held in Youth Court on the State's motion to transfer the cause to the District Court. The State called numerous witnesses to testify, including Hans' friend S.F., who testified to Hans' preparation and planning of the crimes for several days prior to the offenses. The Youth Court ordered that the cause be transferred to District Court.

An Information was filed in the Tenth Judicial District Court, Fergus County, on May 28, 1987, charging Hans with four offenses: deliberate homicide; attempted deliberate homicide; and two counts of felony assault. Counsel was appointed and Hans entered pleas of not guilty to all charges.

Counsel for Hans gave written notice, pursuant to § 46-14-201, MCA (1985), of his intent to rely on mental disease or defect to prove lack of the requisite state of mind of the offenses. The notice specifically requested a mental health evaluation at the Montana State Hospital (MSH) and that the Montana Youth Treatment reports be submitted to MSH to assist in the evaluation.

The court entered an order for an evaluation at MSH to determine Hans' fitness to proceed as well as state of mind at the time of the offenses. Hans filed a notice of appeal from the Youth Court decision and proceedings in the District Court were then stayed pending the appeal of the transfer order.

Personnel at MSH submitted an evaluation report pursuant to the District Court order; both counsel received copies. The report contained Hans' statements and narratives regarding the incident in question. Hans had been evaluated at MSH over a two-month period. Upon his admission to MSH, he was presented with a form entitled "Evaluation Information." This form advised him that he had been court ordered to obtain an evaluation, that he was expected to cooperate, and that the results of the evaluation may be reported to the court. Hans signed this form and an evaluator at MSH later reviewed the form with Hans. Hans' counsel was not present during any of the testing or evaluation sessions at MSH.

The report concluded that Hans was competent to stand trial. However, the report also found that Hans was suffering from a mental disease or defect. Hans was diagnosed with severe conduct disorder and schizotypal personality disorder. Because of "the severity of the symptomatology associated with [this] diagnosis," the hospital staff found "that Mr. Hans does suffer from a mental disease, disorder, or defect within the definition of the State of Montana Statutes." Despite this finding, the MSH evaluators found that Hans "did not show loss of cognitive or behavioral control as the result of a mental disorder" and, "retained the ability to act with knowledge and purpose" at the time of the crimes.

By order March 18, 1988, the Montana Supreme Court affirmed the Youth Court transfer to District Court. Three days later, counsel for Hans filed a motion for appointment of a psychiatrist or licensed clinical psychologist as a defense expert. The following week counsel filed a supplemental motion in which he alleged that it was essential that a clinical psychologist be appointed to assist the defense in trial preparation. The District Court denied the initial motion for appointment of a psychiatrist or clinical psychologist, but granted the supplemental motion which granted Hans the "right to retain a psychiatrist or clinical psychologist to assist with trial preparation and with trial."

Upon motion by the State and without objection from defense counsel, the court found Hans competent to stand trial at an April 21, 1988 hearing. At the hearing, in response to questioning by the court, Hans' counsel stated "that Kris basically has never told me anything and has refused to talk to me...." The statement prompted the State to move the court for an order directing that Hans appear in court to respond to inquiries about his counsel's trial preparation and the attorney-client relationship. The court held a hearing in which Hans expressed his satisfaction with counsel. Defense counsel stated that due to the nature of the defense, he did not need to further consult with Hans and that Hans need not be brought to the county jail from Pine Hills for consultation purposes.

In response to an earlier court order to name all the defense witnesses, defense counsel filed a "Notice" in which he recounted prior efforts to have the court appoint a psychiatrist or licensed clinical psychologist to testify at trial. He also named Hans' mother and father as witnesses and a clinical psychologist to be called if, upon request for reconsideration, the court were to grant his prior motion.

On May 4, 1988 the State deposed Dr. Ned Tranel, the psychologist named as assisting the defense for trial preparation. The county attorney stated as a preliminary matter that "since Dr. Tranel will be testifying at the trial," objections would be reserved. In his deposition, Dr. Tranel diagnosed Hans as having a schizotypal personality disorder, and explained that this disorder includes a set of personality traits that are maladaptive, along with possible hallucinations and breaks with reality. However, Dr. Tranel stated that Hans was not hallucinatory at the time of the shooting incident. Although, in terms of psychology, Dr. Tranel disagreed with the Montana statutory definitions of "knowingly" and "purposely" in that they presented an "all or nothing legal question," he ultimately agreed with the conclusion of the MSH report that Hans acted within the statutory definitions of "knowingly" and "purposely."

On May 9, 1988, an initial change of plea hearing was held. The Judge engaged Hans in a lengthy colloquy regarding the nature of the offenses charged, the possible punishment, and the rights that Hans would be relinquishing if he were to plead guilty. Hans indicated that he was unsure of whether he wanted to enter guilty pleas because his parents had recently discussed seeking an opinion from another lawyer. The court continued the matter until the next day, at which time the warnings given to Hans the previous day regarding the consequences of a guilty plea were reiterated. Hans indicated that he had received a second opinion from an unnamed lawyer who concurred with defense counsel's advice. Hans changed his pleas to guilty on each of the four charges and the court accepted the pleas.

A sentencing hearing was conducted in June during which the State called a number of witnesses, including a psychiatrist and a psychologist from MSH. The defense called Hans' mother and Dr. Tranel as witnesses. Defense counsel argued that Hans should be sentenced as a mentally ill person under §§ 46-14-311 and 46-14-312,...

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