Mitten v. State

• Decision Date: 13 June 2002
• Docket Number: No. 13-00-303-CR.,13-00-303-CR.
• Citation: 79 S.W.3d 751
• Parties: Cody Dewayne MITTEN, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

79 S.W.3d 751

Cody Dewayne MITTEN, Appellant, v. The STATE of Texas, Appellee.

No. 13-00-303-CR.

Court of Appeals of Texas, Corpus Christi.

June 13, 2002.

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Lane W. Vaughn, Roy G. Romo, Houston, for appellant.

P. `Dexter' Eaves, Dist. Atty., Victoria, for state.

Before the Court En Banc¹.

OPINION

NELDA V. RODRIGUEZ, Justice.

A jury found appellant, Cody Dewayne Mitten, guilty of capital murder, thereby implicitly rejecting his affirmative defense of insanity. The State did not elect to seek the death penalty, and the trial court assessed punishment at life imprisonment in the Texas Department of Criminal Justice, Institutional Division. By four issues, Mitten complains of (1) the jury's implicit finding that he was not insane at the time of the offense; (2) the trial court's refusal to suppress his written statement; (3) the admission of an incriminating oral statement made during a competency examination; and (4) the court reporter's failure to transcribe and transmit a complete record of the proceedings. By two additional issues, Mitten complains of ineffective assistance of counsel. We affirm.

On the evening of August 2, 1997, Mitten, accompanied by his mother, Candelaria Mitten (Candy) and a man believed to be Larry Sifford, went to the emergency room of Citizens Medical Center in Victoria, Texas, for treatment. Dr. David Blanchard, the emergency room doctor, examined Mitten whose chief complaint was he was tired and weak; he had a general feeling of malaise. Mitten also reported "not eating or drinking right." While Dr. Blanchard did not remember talking with the woman regarding Mitten's health, the man did voice the same concerns Mitten expressed. Dr. Blanchard testified Mitten maintained direct eye contact with him during their discussion. Mitten was discharged and instructed to follow up with a physician if the feelings continued.

Later that evening, Mitten was watching television and eating ice cream with his mother and Sifford² He went into the kitchen, picked up a knife, walked back into the living room and stabbed Sifford and his mother. Mitten pulled the telephone from the wall. He put his mother's body in the back seat of Sifford's vehicle and drove around the Victoria area for several hours. Mitten eventually drove to the emergency room of Brooke Army Medical Center in San Antonio, and asked for help. Mitten carried his mother's body inside where she was pronounced dead.

Several San Antonio police officers were called to the hospital. While at the hospital, Mitten made an exculpatory oral statement to Detective Edward Giddings and Sergeant Larry DeHaven of the San Antonio Police Department. Mitten stated he was visiting his mother and Sifford at his mother's home in Victoria. They were watching television when Mitten heard his mother gasping for air. Turning around, he saw that Sifford had stabbed his mother in the chest. Mitten said he took the knife out of his mother and stabbed Sifford. When the Victoria County Sheriff's Office was notified regarding the existence of a dead body at Candy's home, a deputy responded and found the body that was later identified as Sifford. Mitten was taken to the police station where he gave a written statement which conflicted with his earlier oral statement.

On August 4, 1997, Dr. Blanchard again saw Mitten in the emergency room at the Citizens Medical Center. Mitten complained of a seizure he had at the Victoria County Jail. Dr. Blanchard observed Mitten was much the same as he had been when he was seen on August 2, 1997, with the aspect that Mitten had a "flat affect." Mitten told Dr. Blanchard he deliberately caused the seizure by holding his breath. Dr. Blanchard did not notice any confusional state or anything inappropriate for someone just having had a seizure.

At trial, both the defense and the State called expert witnesses to testify regarding Mitten's legal sanity at the time of the murders. Although the doctors did not agree on a specific diagnosis, they agreed Mitten had some form of psychosis.³

The defense presented Dr. Gary Aitcheson, a psychiatrist who conducted an interview with Mitten on January 21, 2000, and reviewed medical records from Vernon State Hospital dated March 1998 to June 1998. Psychiatrist, Dr. Robert Lyman, also testified for the defense. Dr. Lyman examined, evaluated and treated Mitten beginning a few days after Mitten was arrested. Drs. Aitcheson and Lyman concluded Mitten was legally insane at the time of the offense.

Dr. Richard Coons, a psychiatrist, and Dr. John Quinn, a forensic psychologist at Vernon State Hospital, were called as expert witnesses for the State. Dr. Coons evaluated Mitten on September 22, 1998, and while he did not offer an opinion on Mitten's sanity, stated there was information suggesting Mitten knew his conduct was wrong. This information included (1) typical family behavior just before the stabbings, (2) an inference that Mitten was attempting to hide something when he pulled the phone line, from the wall, and (3) Mitten's exculpatory statement claiming Sifford stabbed his mother. Dr. Quinn saw Mitten as a patient at Vernon State Hospital for approximately two and a half months, from March 3, 1998, to May 22, 1998. He also conducted an evaluation of Mitten to determine his competency to stand trial. Dr. Quinn did not offer an opinion on the issue of insanity.

I. Insanity Defense

By his first issue, Mitten presents a factual sufficiency challenge. He complains that the jury's implicit rejection of his insanity defense was so against the great weight and preponderance of the evidence that its guilty verdict was manifestly unjust.

A. Standard of Review

In examining the factual sufficiency of the evidence supporting the affirmative defense of insanity, we consider all the evidence relevant to the issue to determine whether the judgment is so against the great weight and preponderance of the evidence as to be manifestly unjust. Bigby v. State, 892 S.W.2d 864, 875 (Tex.Crim. App.1994); Meraz v. State, 785 S.W.2d 146, 155 (Tex.Crim.App.1990); Torres v. State, 976 S.W.2d 345, 347 (Tex.App.-Corpus Christi 1998, no pet.); see Johnson v. State, 23 S.W.3d 1, 7 (2000) (great weight and preponderance of evidence standard is standard properly utilized when appellant has burden of proving affirmative defense by preponderance of evidence, and on appeal hopes to demonstrate state of evidence preponderates greatly against jury's finding).

B. Legal Insanity

A defendant cannot be convicted of a criminal offense if he is legally insane at the time of the crime. See TEX. PEN.CODE ANN. § 8.01(a) (Vernon 1994).

There is a distinction between medical insanity and legal insanity within the meaning of Section 8.01. The existence of a mental disease alone is not sufficient to establish legal insanity unless the accused was mentally ill to the point that he did not know his conduct was wrong.

Plough v. State, 725 S.W.2d 494, 500 (Tex. App.-Corpus Christi 1987, no pet.).

"The purpose of the insanity defense issue is to determine whether the accused should be held responsible for the crime, or whether his mental condition will excuse holding him responsible." Graham v. State, 566 S.W.2d 941, 948 (Tex.Crim. App.1978). Ultimately, this issue lies within the province of the jury, not only as to the credibility of the witnesses and weight of the evidence, but also as to the limits of the defense itself. Bigby, 892 S.W.2d at 878; Graham, 566 S.W.2d at 952; Maestas v. State, 963 S.W.2d 151, 156 (Tex.App.-Corpus Christi 1998), aff'd, 987 S.W.2d 59 (Tex.Crim.App.1999); Torres, 976 S.W.2d at 347; see TEX.CODE CRIM. PROC. ANN. art. 38.04 (Vernon 1979).

The authority granted in Clewis [v. State, 922 S.W.2d 126, 133 (Tex.Crim. App.1996)] to disagree with the fact finder's determination is appropriate only when the record clearly indicates such a step is necessary to arrest the occurrence of a manifest injustice. Otherwise due deference must be accorded the fact finder's determinations, particularly those determinations concerning the weight and credibility of the evidence.

Johnson, 23 S.W.3d at 9. "[W]e must remain appropriately deferential to the trial court so as to avoid this Court substituting its judgment for that of the factfinder." Torres, 976 S.W.2d at 347 (citing Clewis, 922 S.W.2d at 133). Any inconsistencies in the evidence are resolved in favor of the verdict. Id.

Because the circumstances of a crime are always important in determining the mental state of the accused at the time of the offense, Graham, 566 S.W.2d at 951, the trier of fact may consider such evidence as the appellant's demeanor before and after the offense, attempts to evade police, attempts to conceal incriminating evidence, expressions of regret or fear of the consequences of his actions, other possible motives for the offense, and other explanations for his behavior. Aschbacher v. State, 61 S.W.3d 532, 535 (Tex.App.-San Antonio 2001, pet. ref'd) (citing Torres, 976 S.W.2d at 347-48). Moreover, because the insanity issue is not strictly medical,

expert witnesses, although capable of giving testimony that may aid the jury in its determination of the ultimate issue, are not capable of dictating determination of that issue. Only the jury can join the non-medical components that must also be considered in deciding the ultimate issue. That ultimate issue of criminal responsibility is beyond the province of expert witnesses. Were it otherwise, the issue would be tried in hospitals rather than in the courts.

Graham, 566 S.W.2d at 949. Furthermore, it is not necessary for the State to present expert medical testimony that a defendant is sane in order to counter the defense experts testimony regarding insanity. Id. at 950. While a jury may not arbitrarily disregard expert testimony on the legal issue of insanity, it also may not give conclusive effect to the opinion...