State Of N.D. v. Dahl
| Decision Date | 10 June 2010 |
| Docket Number | 20090262.,No. 20090261,20090261 |
| Parties | STATE of North Dakota, Plaintiff and Appelleev.Darin Wayne DAHL, Defendant and Appellant. |
| Court | North Dakota Supreme Court |
COPYRIGHT MATERIAL OMITTED
COPYRIGHT MATERIAL OMITTED
Charles Alan Stock, State's Attorney, Finley, ND, for plaintiff and appellee.
Joel Lyle Larson, Grand Forks, ND, for defendant and appellant.
[¶ 1] Darin Dahl appeals the district court judgments entering verdicts finding him guilty of reckless endangerment and attempted murder. We affirm.
[¶ 2] On April 9 and 10, 2008, Dahl was the suspect of a police standoff in a rural Steele County residence. During the standoff, Dahl shot at and missed a police officer deploying chemical munitions into the house, leading to the charge of reckless endangerment. Also during the standoff, Dahl shot and hit an officer who had entered the residence in an attempt to arrest Dahl, leading to the charge of attempted murder. In the afternoon of April 10, 2008, Dahl voluntarily surrendered and was arrested.
[¶ 3] On May 21, 2008, the district court ordered Dahl committed to the State Hospital for a mental evaluation. Dahl's evaluation was completed in October 2008 by Dr. Robert Lisota. Dr. Lisota diagnosed Dahl with schizophrenia undifferentiated type with paranoid features, concluding Dahl was competent to stand trial and could effectively communicate with his attorney. A second evaluation was completed by Dr. Stacey Benson with results summarized in a report dated May 28, 2009. Dr. Benson concluded Dahl “is not currently capable of aiding in his own defense.”
[¶ 4] A competency hearing was held on May 29, 2009. The district court considered both doctors' reports as well as testimony from Dr. Benson. Dahl did not object to Dr. Lisota's absence at the hearing. The district court concluded Dahl was competent to stand trial, finding him to be manipulative and capable of assisting in his defense.
[¶ 5] Dahl's jury trial was held from June 2 to June 5, 2009. Testimony was received from many of the officers involved with Dahl's standoff, as well as from Dr. Benson and Dr. Lisota. On the trial's fourth day, Dahl was not sat in the courtroom but was placed in an adjacent room out of the jury's sight. These steps were taken because Dahl was fitted with a spit mask, shackles and an orange prison uniform, and the district court feared Dahl would be prejudiced if the jury observed him in this fashion. Officers overseeing Dahl told the court Dahl's restraints were necessary because overnight Dahl had urinated on his cell floor, broken his cell's light and resisted removal from his cell. At the close of trial, the jury returned verdicts finding Dahl guilty of attempted murder and of reckless endangerment. Dahl timely filed this appeal.
[¶ 6] Dahl argues the district court erred in determining he had the mental capacity to assist in his own defense. “Whether or not a defendant is competent to stand trial is a question of fact for the trial judge [,] ... [a]nd the trial judge's finding on the issue of competency will not be set aside on review unless it is clearly erroneous.” State v. Heger, 326 N.W.2d 855, 858 (N.D.1982) (citations omitted). “A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if it is not supported by any evidence, or if, although there is some evidence to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made.” Heckelsmiller v. State, 2004 ND 191, ¶ 5, 687 N.W.2d 454.
[¶ 7] The standard for determining if a criminal defendant is competent to stand trial is set forth in State v. Gleeson:
2000 ND 205, ¶ 9, 619 N.W.2d 858. Dahl concedes he had an adequate understanding of the proceedings against him, but he argues he was not able to assist in his defense by coherently conferring with his attorney. The crux of being able to “consult with a lawyer with a reasonable degree of rational understanding” is being able to “confer coherently with counsel and provide necessary and relevant information to formulate a defense.” State v. VanNatta, 506 N.W.2d 63, 65, 68 (N.D.1993).
[¶ 8] Although this case involves conflicting evidence concerning Dahl's ability to assist in his defense by coherently interacting with his attorney, sufficient evidence exists supporting the district court's finding Dahl was competent to stand trial. The doctors testified Dahl remembered the facts of his case, had moments of clarity, had a good understanding of the legal proceedings, knew where he was and understood the harm caused by his actions. Further, Dr. Benson conceded the possibility that Dahl is malingering. The district court weighed the conflicting reports of Dr. Lisota and Dr. Benson, giving more credence to Dr. Lisota's report and concluding Dahl could adequately confer with his attorney. “Conflicts in testimony [are] resolved in favor of affirmance, as we recognize the trial court is in a superior position to assess credibility of witnesses and weigh the evidence.” State v. Tollefson, 2003 ND 73, ¶ 9, 660 N.W.2d 575 (quoting State v. Heitzmann, 2001 ND 136, ¶ 8, 632 N.W.2d 1). Accordingly, we conclude the district court did not err in finding Dahl competent to stand trial.
[¶ 9] Dahl argues the district court's competency decision was improperly based on Dr. Lisota's stale psychological evaluation. Indeed, the district court found Dr. Lisota's evaluation to be more convincing, thereby placing greater weight on Dr. Lisota's seven-month-old evaluation than it did on Dr. Benson's one-day-old evaluation. While a competency determination must analyze a defendant's present capacity to stand trial, this does not mean a defendant's most recent psychological evaluation is conclusive evidence on the issue of competency. State v. Fischer, 231 N.W.2d 147, 157 (N.D.1975). Rather, the date the psychological evaluation was performed is a factor to be considered along with the contents therein. Id. (). Both Dr. Lisota and Dr. Benson completed thorough evaluations of Dahl, including interviews, tests and record reviews. Although the two doctors reached differing conclusions, the district court reviewed the relevant evidence and found Dr. Lisota's evaluation to be more convincing. Based on the district court's superior position to assess credibility and on this Court's reluctance to reweigh conflicting evidence, the district court did not err in relying on Dr. Lisota's psychological evaluation. Tollefson, 2003 ND 73, ¶ 9, 660 N.W.2d 575.
[¶ 10] Dahl argues the district court erred by failing to reevaluate his competency during trial. Dahl asserts his behavior before the fourth day of trial required the district court either to perform an informal competency evaluation of Dahl or to postpone the trial and hold a second competency hearing. The propriety of a trial court's decision to not sua sponte hold a competency hearing is reviewed for obvious error. State v. Roberson, 2002 ND 24, ¶ 13, 639 N.W.2d 690.
[¶ 11] A trial court must sua sponte hold a competency hearing when evidence establishes sufficient doubt as to a criminal defendant's competency to stand trial. Gleeson, 2000 ND 205, ¶ 10, 619 N.W.2d 858. Successfully challenging a trial court's failure to hold such a hearing requires a showing that the “trial judge received information which, objectively considered, should reasonably have raised a doubt about defendant's competency and alerted him to the possibility that the defendant could neither understand the proceedings or appreciate their significance, nor rationally aid his attorney in his defense.” Id. at ¶ 11 (quotation omitted). We have identified four nonexclusive factors that aid in this determination: “the defendant's irrational behavior, the defendant's demeanor before the trial court, [ ] any prior medical opinions on competence to stand trial [and] ... whether trial counsel questioned the defendant's competency before the court.” Id.
[¶ 12] Dahl's vandalism of his cell could be described as irrational behavior. However, Dahl's vandalism occurred in his holding cell before the fourth and final day of trial. The record contains no instances of outbursts in the courtroom, and cogent evidence indicates Dahl's jail cell conduct was an attempt to manipulate the judicial system. Further, the district court reviewed two psychological evaluations at Dahl's competency hearing, and Dahl's trial counsel did not question his client's competency, acquiescing instead in Dahl's removal from the courtroom on the trial's final day. The record reflects it was not obvious error for the district court to forego reevaluating Dahl's competency following the vandalism of his cell.
[¶ 13] Dahl argues the district court erred by not requiring Dr. Lisota to attend Dahl's competency hearing. Dahl asserts Dr. Lisota's absence affected his constitutional right to confront adverse witnesses....
To continue reading
Request your trial
-
In the Interest of T.S. v. T.S.
...competency hearing when evidence raises sufficient doubt as to an accused's competency to stand trial. Roberson, at ¶ 12; see also State v. Dahl, 2010 ND 108, ¶ 11, 783 N.W.2d 41. We have also held that “ ‘[n]either the Fourteenth Amendment nor the Bill of Rights is for adults alone.’ ” Int......
-
Dodge v. State
...plea is a question of fact, and a district court’s finding on the issue will not be set aside on appeal unless clearly erroneous. State v. Dahl , 2010 ND 108, ¶ 6, 783 N.W.2d 41. "A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if it is not supported......
-
Kuntz v. State
...to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made." Id. (quoting State v. Dahl , 2010 ND 108, ¶ 6, 783 N.W.2d 41 ). [¶6] We previously outlined the standard to determine if a defendant is competent in State v. Gleeson :It has long ......
-
Kuntz v. State
...to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made." Id. (quoting State v. Dahl, 2010 ND 108, ¶ 6, 783 N.W.2d [¶6] We previously outlined the standard to determine if a defendant is competent in State v. Gleeson: It has long been he......