State v. Blair, 21358

• Decision Date: 27 August 1981
• Docket Number: No. 21358,21358
• Citation: 282 S.E.2d 596,276 S.C. 644
• Court: South Carolina Supreme Court
• Parties: The STATE, Respondent, v. Charles BLAIR, Appellant.

Page 596

282 S.E.2d 596

276 S.C. 644

The STATE, Respondent, v. Charles BLAIR, Appellant.

No. 21358.

Supreme Court of South Carolina.

Aug. 27, 1981.

ORDER

On January 5, 1981, Opinion No. 21358 (273 S.E.2d 536) was issued by this Court, remanding the above matter to the Trial Judge for a determination as to competency to stand trial.

Pursuant to the directive of this Court, and in compliance therewith, the Trial Judge has issued the attached Order finding that appellant was competent to stand trial.

IT IS, THEREFORE, ORDERED that, in view of the finding that Charles Blair was competent to stand trial, the conviction stands.

The defendant was tried for murder on January 21, 1980, convicted by the jury and sentenced to life imprisonment. Thereafter, the Supreme Court in its Opinion No. 21358 of January 5, 1981, 273 S.E.2d 536, remanded the case to me for the purpose of conducting a hearing to determine if the defendant were competent to stand trial on January 21, 1980.

Dr. Edmond W. Camp, a psychiatrist, testified for the defendant. Dr. Camp stated that while he was on the staff of the State Hospital he had treated Mr. Blair in February of 1978 and that Mr. Blair would have been incompetent to stand trial at that time. Dr. Camp left the staff of the State Hospital in February of 1978 and had not seen Mr. Blair since that date which was almost two years prior to Mr. Blair's trial. Dr. Camp further testified that Serentil, which was prescribed for the defendant, would adversely affect the defendant's iniative and ability to cooperate with his lawyers. Dr. Camp further stated that based on his earlier examination of the defendant the defendant would have been incompetent in January of 1980.

Dr. Herbert Smith, the psychiatrist on the staff of the State Hospital, who examined and treated the defendant during October and November of 1979, testified that Mr. Blair showed no evidence of psychoses and was on medication and was well-controlled. While the defendant was under Dr. Smith's care, he continued to receive antipsychotic medication consisting of Serentil but the dosage was reduced from 200 mg. per day to 100 mg. per day. Dr. Smith stated that no decompensation occurred even after the reduction of medication.

The medical staff examined Mr. Blair on November 15, 1979, and Dr. Smith's final summary states in part that,

"It was the opinion of the medical staff that on his present medical regimen his psychotic process is adequately controlled, he is no longer psychotic, and has attained the capacity to fully understand and appreciate the nature of the charges lodged against him, and the extent of his own peril, to understand the function and proceedings of the court and to assist his attorney in the development and execution of an adequate defense.

"It was the recommendation of the medical staff that he be returned to the jurisdiction of the court as competent to stand trial."

Dr. Smith was also present at the defendant's trial. He had the opportunity to observe the defendant and heard my examination of the defendant concerning his right not to testify at the trial. Dr. Smith testified that from this observation he did not find anything which would have been inconsistent with his earlier finding that the defendant was competent to stand trial.

Dr. Smith further testified that it was...