State v. Daggett

• Decision Date: 13 July 1981
• Docket Number: No. 14308,14308
• Citation: 167 W.Va. 411,280 S.E.2d 545
• Parties: STATE of West Virginia v. Robert Porter DAGGETT.
• Court: West Virginia Supreme Court

Page 545

280 S.E.2d 545

167 W.Va. 411

STATE of West Virginia v. Robert Porter DAGGETT.

No. 14308.

Supreme Court of Appeals of West Virginia.

July 13, 1981.

Syllabus by the Court

1. In any case where the defendant relies upon the defense of insanity, the defendant is entitled to an instruction which advises the jury about the further disposition of the defendant in the event of a finding of not guilty by reason of insanity which correctly states the law.

2. "There exists in the trial of an accused a presumption of sanity. However, should the accused offer evidence that he was insane, the presumption of sanity disappears and the burden is on the prosecution to prove beyond a reasonable doubt that the defendant was sane at the time of the offense." Syllabus point 2, State v. Milam, W.Va., 260 S.E.2d 295 (1979).

3. When an accused is relying upon the defense of insanity at the time of the crime charged, the jury should be instructed (1) that there is a presumption the accused was sane at that time; (2) that the burden is upon him to show that he was then insane; (3) that if any evidence introduced by him or by the State fairly raises doubt upon the issue of his sanity at that time, the presumption of sanity ceases to exist; (4) that the State then has the burden to establish the sanity of the accused beyond a reasonable doubt, and, (5) that if the whole proof upon that issue leaves the jury with a reasonable doubt as to the defendant's sanity at that time the jury must accord him the benefit of the doubt and acquit him.

4. "It is within the sound discretion of the court in the furtherance of the interests of justice to permit either party, after it has rested, to reopen the case for the purpose of offering further evidence and unless that discretion is abused the action of the trial court will not be disturbed." Syllabus point 4, State v. Fischer, W.Va., 211 S.E.2d 666 (1974).

5. "Confessions elicited by law enforcement authorities from persons suspected of crimes who because of mental condition cannot knowledgeably and intelligently waive their right to counsel are inadmissible." Syllabus point 1, State v. Hamrick, W.Va., 236 S.E.2d 247 (1977).

6. The question of the competency of a child as a witness in any case is always addressed to the sound discretion of the trial judge, and if it appears that a careful and full examination as to the age, intelligence, capacity and moral accountability has been made by the judge and counsel and the trial judge has concluded that he is competent, the appellate court will not reverse the ruling which permits the evidence to be introduced unless it is apparent that it was flagrantly wrong.

7. "The right to a bifurcated trial lies within the sound discretion of the trial court." Syllabus point 3, State v. Bragg, W.Va., 235 S.E.2d 466 (1977).

Richard A. Bush, Parkersburg, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, for defendant in error.

McGRAW, Justice:

The appellant, Robert Porter Daggett, was convicted in November of 1977 of the first degree sexual assault of a six-year-old boy. He appeals from the judgment of conviction and from the order of the Circuit Court of Wood County which sentenced him to spend not less than ten nor more than twenty years in the penitentiary.

He assigns numerous grounds as error, six of which we believe merit discussion. He argues that the trial court erred by denying his motion for a bifurcated trial, thus preventing him from effectively presenting his insanity defense. He complains that the lower court erred in allowing the infant victim to testify. He complains the lower court should have granted his request to have a psychologist testify at the hearing concerning his waiver of Miranda rights before admitting into evidence a statement the appellant made to police while in custody. He objects to the lower court's refusal to allow him surrebuttal for the purpose of impeaching one of the State's important witnesses on the issue of the appellant's sanity. He argues that the trial court's charge to the jury failed to completely inform the jury of the burden of proof on the issue of sanity and also failed to inform the jury of the consequence to the appellant of a finding of not guilty by reason of insanity. Finally, he contends that he was entitled to an instruction on third degree sexual assault.

We find merit in some of the errors assigned, and we reverse the judgment of the lower court and award the appellant a new trial.

On an April day in 1977, the victim, a child, his two sisters, and his mother and her male companion, visited the City Park in Parkersburg. The boy proceeded to a drinking fountain near the park pavillion. While he was quenching his thirst, the appellant, who was riding his bicycle in the park, noticed the child and initiated a conversation with him. After the two talked for a moment, the boy entered the men's restroom in the pavillion. The appellant followed him. While in the restroom, the appellant took the boy into a toilet stall and forcibly committed fellatio upon him. After waiting several minutes for her son, the boy's mother sent her male companion into the restroom to check on him. The companion discovered the appellant in the course of the assault, struck him, and led him outside. Once outside, the appellant pleaded with the mother to let him go, stating that he had never done anything like this before. The police were called, and the appellant was arrested. He was taken to the police station where, upon questioning, he made an inculpatory statement.

Prior to trial, the appellant was examined at Spencer State Hospital. He was also examined by a local psychiatrist and a local psychologist. The court considered this evidence in denying the appellant's motion for a bifurcated proceeding. In its case in chief, the State introduced, over the appellant's objection, the testimony of the infant victim. The State also produced the testimony of the police officers investigating the assault, some of whom had taken the inculpatory statement from the appellant while he was in custody, and produced the testimony of the victim's mother.

The appellant's evidence consisted of his own testimony, the testimony of his mother, and the testimony of the psychologist who examined him. The bulk of this testimony went to the appellant's insanity defense. In rebuttal, the State offered the testimony of the psychiatrist who examined the appellant. After the close of the evidence, the appellant moved to reopen his case to impeach the psychiatrist, but the trial court denied this motion. The jury was instructed, closing arguments were made, and the jury returned with a guilty verdict.

Many of the issues involved in this case are interrelated; that is, the disposition of one assignment of error will affect the resolution of other assignments of error. In the interests of judicial economy, we will first address those issues raised which can be independently evaluated.

The appellant assigns as error the trial court's refusal to grant a requested instruction concerning the consequences to the appellant should the jury find him not guilty by reason of insanity.

We recently held that a defendant relying upon the defense of not guilty by reason of insanity was entitled to an instruction which correctly informs the jury of the consequences of a verdict of not guilty by reason of insanity. State v. Nuckolls, W.Va., 273 S.E.2d 87 (1980). In Nuckolls, we said "(i)n any case where the defendant relies upon the defense of insanity, the defendant is entitled to (an) instruction which advises the jury about the further disposition of the defendant in the event of a finding of not guilty by reason of insanity which correctly states the law ...." Syllabus point 2, in part, State v. Nuckolls, supra. We agree that the court erred in refusing the tendered instruction. Nuckolls expressly overruled syllabus point 6 of State v. Grimm, 156 W.Va. 615, 195 S.E.2d 637 (1973), where we held that an instruction on a defendant's disposition constituted impermissible advice to the jury on the question of "punishment", a matter for the Court to consider and not the jury. State v. Grimm, 156 W.Va. at 627-28, 195 S.E.2d at 645.

In State v. Milam, W.Va., 226 S.E.2d 433 (1976), we foreshadowed the demise of the Grimm rule. Milam held that it was not error to refuse an erroneous instruction which advised the jury as to the disposition of the defendant should they find him not guilty by reason of insanity. Syllabus point 9, Milam, supra. However, we indicated our willingness to reevaluate the rule of State v. Grimm, supra, when we said in Milam, "(t)his Court may in the future consider favorably an instruction of this type under scrutiny where it is warranted by the facts of the case." 226 S.E.2d at 442.

The Milam decision was a long first step in recognizing the jury's fact-finding needs when the defendant has raised the insanity defense. The insanity defense is of relatively recent vintage in our legal tradition. It first appeared in Anglo-American jurisprudence in Daniel M'Naghton's Case, 8 Eng.Rep. 718 (1843). The substance of the defense has been modified as our understanding of insanity has grown. State v. Myers, W.Va., 222 S.E.2d 300, 302 (1976); State v. Grimm, 156 W.Va. 615, 195 S.E.2d 637 (1973). See generally, LaFave and Scott, Handbook on Criminal Law, Responsibility §§ 37-38 (1972). As our understanding grows, so must our law.

In Nuckolls, supra, we found that it was unfair to deny a defendant a requested jury instruction on his disposition should the jury find him not guilty by reason of insanity. 273 S.E.2d at 90. There is potential for a grave miscarriage of justice if the jury is confused about the consequences of such a verdict. In a close case, the jury may find a defendant guilty as charged without careful evaluation of his insanity defense if it is not instructed as to...