State v. Bias
| Decision Date | 10 December 1986 |
| Docket Number | No. CC,CC |
| Citation | 177 W.Va. 302,352 S.E.2d 52 |
| Court | West Virginia Supreme Court |
| Parties | STATE of West Virginia v. Henry BIAS. 958. |
Syllabus by the Court
1. Syl. pt. 2, State v. Swiger, --- W.Va. ---, 336 S.E.2d 541 (1985).
2. Being a bar to trial, an accused's incompetency to stand trial, regardless of the duration thereof, will not, as a matter of due process, ordinarily require dismissal of an indictment for a felony. The State must, however, show that the accused suffered no substantial prejudice beyond that which ensued from the ordinary and inevitable delay attendant to the attainment of competency to stand trial.
3. Any term during which the defendant is unable to be tried because his or her competency to stand trial is being tested or evaluated does not count in favor of discharge from prosecution under the three-term rule, W. Va. Code, 62-3-21 [1959].
4. "Any term at which a defendant procures a continuance of a trial on his own motion after an indictment is returned, or otherwise prevents a trial from being held, is not counted as one of the three terms in favor of discharge from prosecution under the provisions of Code, 62-3-21, as amended." Syl. pt. 2, State ex rel. Spadafore v. Fox, 155 W. Va. 674, 186 S.E.2d 833 (1972).
Mary Beth Kershner, Asst. Atty. Gen., Charleston, for appellant.
Bradley J. Pyles, Logan, for appellee.
Pursuant to W. Va. R. App. P. 13 and W. Va. Code, 58-5-2 [1967], the Circuit Court of Logan County, West Virginia (the trial court) has certified the following two questions:
(1) Does the trial court lack jurisdiction to try a criminal defendant who was on three occasions between 1969 and 1973 found to be incompetent to stand trial and was committed to a state mental hospital, by virtue of State ex rel. Walker v. Jenkins, 157 W. Va. 683, 203 S.E.2d 353 (1974), and by virtue of W. Va. Code, 27-6A-2, as effective in 1974?
(2) Does the court lack jurisdiction to try this defendant, by virtue of W. Va. Code, 62-3-21 [1959]?
The trial court answered both of these certified questions in the negative. We agree with the trial court's rulings.
The defendant, Henry Bias, was indicted in January, 1969 for the murder of his mother in October, 1968. Upon the motion of defense counsel, and after two physicians had found the defendant to be psychotic, the trial court in March, 1969, committed the defendant, for the first time, to a state mental hospital. This commitment was for an indefinite period, that is, until the defendant was determined to be competent to stand trial, as provided by W. Va. Code, 62-3-9, then in effect. 1
Less than six months later, the defendant's psychosis was in remission and the defendant was returned to the Logan County jail to await trial.
Soon thereafter, the defendant's bizarre behavior while in jail prompted the jailer, joined by defense counsel, to move the court to have the defendant reexamined for competency. In March, 1970, the defendant was committed, for a second time, to a state mental hospital, until his competency to stand trial was restored.
Between March, 1970 and February, 1971, the defendant escaped four times from the state mental hospital. During that period of time, the defendant's longest uninterrupted period of confinement in the state mental hospital was a little over a month.
The defendant was, however, confined continuously in the state mental hospital for a little over a year, between February, 1971 and February, 1972.
In February, 1972 the defendant escaped for a fifth time from the state mental hospital. Nearly a year and a half later, he was extradited from the State of Indiana when he was found there.
In February, 1974, the trial court, upon the motion of defense counsel, committed the defendant, for the third time, to a state mental hospital, until his competency to stand trial was determined.
Before he was examined by the staff at the state mental hospital, the defendant escaped for a sixth time. He remained free, his whereabouts unknown, for the next five and two-thirds years.
In November, 1979, the defendant was arrested in Logan County when authorities found him there.
The defendant was subsequently found by the trial court to be competent to stand trial, after a twenty-day psychiatric examination and a competency hearing, as provided by W.Va.Code, 27-6A-1 and 27-6A-2, as amended.
In May, 1980, a jury found the defendant guilty of first degree murder of his mother, without a recommendation of mercy. The defendant soon thereafter began serving his life sentence in the state penitentiary.
In March, 1983, this Court reversed the defendant's conviction based upon ineffective assistance of counsel. Trial counsel had presented very little of the psychiatric evidence and had otherwise failed to pursue an insanity defense as a reasonably qualified attorney would have done. See syl. pt. 5, State v. Bias, --- W.Va. ---, 301 S.E.2d 776 (1983).
After this reversal, the defendant was brought from the state penitentiary, in April, 1983, to the Logan County jail to await the new trial. He has remained in the custody of such jail since then.
Thus, the defendant, in the nearly 18 years since his indictment, was confined at one point in a state mental hospital without interruption for a little over one year; was confined in state mental hospitals, with repeated interruptions, for a total of about nine more months; was free during escapes for almost eight years; was in the state penitentiary after conviction for nearly three years; has been in the county jail awaiting a new trial for over three and a half years; and spent the remainder of the time in the county jail awaiting the first trial.
The defendant asserts that there have been more than three unexcused terms after the term in which the indictment was returned, in violation of his speedy trial rights. The terms in question and the relevant activities during those terms are set forth below.
September, 1969 term
Upon a finding that the defendant's psychosis was in remission, the defendant was returned, on or about September 24, 1969, to the trial court from the state mental hospital.
September, 1973 term
On November 14, 1973, the defendant moved for, and the trial court ordered, a psychiatric examination to determine whether the defendant was competent to stand trial.
September, 1983 term
Upon motion of the defendant, a psychiatrist, Dr. MacCallum, examined the defendant on September 12 and 16, 1983. Dr. MacCallum's report was not received during this term of court.
January, 1984 term
Dr. MacCallum's report finding the defendant competent to stand trial (but apparently finding the defendant insane at the time of the offense) was received in March, 1984. On April 19, 1984, the State moved, with the defendant's acquiescence, that Dr. Neilan, a psychiatrist, examine the defendant. The trial court ordered the same on April 25, 1984.
May, 1984 term
Dr. Neilan's report finding the defendant competent to stand trial was received on May 29, 1984.
September, 1984 term
On October 2, 1984, the defendant filed two motions to dismiss for lack of jurisdiction, raising the same two issues involved in the certified questions now before us, namely, the duration of the defendant's incompetency prior to the trial in 1980 and the alleged violation of the three-term rule. The trial court heard argument of the defendant on October 26, 1984 on the motion involving the duration of the defendant's incompetency prior to the trial in 1980; the State responded to such motion at a hearing on December 14, 1984.
January, 1985 term
The trial court filed its opinion and order denying the defendant's motion to dismiss based upon the duration of the defendant's incompetency prior to the trial in 1980. The defendant's motion to dismiss based upon the three-term rule remained pending; the hearing on the same was not held until June 14, 1985, during the May, 1985 term of court, at which time the defendant was prepared to argue his three-term-rule motion. The record reflects some confusion over whether the defendant, until the May, 1985 term of court, had planned to certify to this Court only the one question involving the duration of the defendant's incompetency prior to the trial in 1980, and hold in abeyance his three-term-rule motion until after we had answered the question on the duration of incompetency prior to the trial in 1980.
A person who has been accused of a crime may not be committed involuntarily to a mental institution for an indefinite period of time solely for the purpose of determining and obtaining such person's competency to stand trial. 2 Instead, after a reasonable period of time to determine the accused's competency to stand trial, and if incompetency is found, after a further reasonable period of time for the accused to attain such competency, the State, to satisfy equal protection and procedural due process requirements, must release the accused from confinement in the mental institution or commence civil commitment proceedings. In the civil commitment proceedings the State must show by clear, cogent and convincing evidence that the accused, like a person not accused of a crime, is likely to cause serious harm to himself or to others and should, therefore, be committed to a mental institution because of such propensity to do harm. In State ex rel. Walker v. Jenkins, 157 W. Va. 683, 203 S.E.2d 353 (1974), Jackson v. Indiana, 406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d...
To continue reading
Request your trial
-
Morris v. Painter, 29758.
...in W.Va.Code, 27-6A-2(b)[1983].6 In the event Mr. Morris is found to be incompetent for a second trial, our decision in State v. Bias, 177 W.Va. 302, 352 S.E.2d 52 (1986) outlines the possible course of action to be A person who has been accused of a crime may not be committed involuntarily......
-
Marano v. Holland
...corpus or appellate review, subject to the statutory exceptions excusing delay under W.Va.Code, 62-3-21." See also State v. Bias, 177 W.Va. 302, 352 S.E.2d 52 (1986); State v. Gwinn, 169 W.Va. 456, 288 S.E.2d 533 Consequently, we believe the habeas court erred in mandating a retrial within ......
-
State v. Butler, 16-0543
...very few reported decisions where this Court has answered certified questions in criminal proceedings. See, e.g., State v. Bias, 177 W.Va. 302, 352 S.E.2d 52 (1986) (answering certified questions on basis that questions concerned circuit court's jurisdiction); State v. Vollmer, 163 W.Va. 71......
-
Morrison v. Holland
... ... Bordenkircher, 674 F.2d 279 (4th Cir.), cert. denied, 459 U.S. 853, 103 S.Ct. 119, 74 L.Ed.2d 104 (1982), State v. Alexander, [161 W.Va. 776], 245 S.E.2d 633 (1978), is overruled to the extent that it permits the giving of an instruction that places the burden ... ...