State v. Dort
Decision Date | 30 December 2014 |
Docket Number | No. 19066.,19066. |
Court | Connecticut Supreme Court |
Parties | STATE of Connecticut v. Joel DORT. |
Melissa Patterson, assistant state's attorney, with whom, on the brief, were David I. Cohen, state's attorney, and Michele Manning, assistant state's attorney, for the appellant (state).
Robert E. Byron, assigned counsel, for the appellee (defendant).
ROGERS, C.J., and PALMER, ZARELLA, EVELEIGH and ESPINOSA, Js.
The state appeals, following our grant of certification, from the judgment of the Appellate Court reversing the judgment of the trial court convicting the defendant, Joel Dort, of burglary in the first degree in violation of General Statutes § 53a–101 (a)(2) and kidnapping in the first degree in violation of General Statutes § 53a–92 and ordering the trial court to conduct a hearing to determine whether a competency evaluation, as described in General Statutes § 54–56d (d),1 is needed. See State v. Dort,
138 Conn.App. 401, 412, 51 A.3d 1186 (2012). On appeal, the state claims that: (1) the Appellate Court improperly determined that the trial court's “independent inquiry” into the defendant's request was inadequate, when that issue had not been raised or briefed by the parties; (2) assuming that it was proper for the Appellate Court to reach the issue, that court improperly determined that the trial court's inquiry into the defendant's request for a competency evaluation was inadequate; and (3) assuming that the Appellate Court properly determined that the trial court's inquiry was inadequate, it improperly determined that the proper remedy was to vacate the defendant's conviction and order a hearing to determine whether a competency evaluation was required. We affirm the judgment of the Appellate Court, albeit for different reasons.
The Appellate Court opinion provides the following relevant facts and procedural history. “The jury could have reasonably found the following facts. In 2009, the defendant was discharged from his position as a computer consultant for XL Capital, an insurance and reinsurance company in Stamford. Approximately four months after the termination of his employment, the defendant entered XL Capital without proper authorization and waited for the victim, one of his supervisors, in her office. The defendant asked the victim for his job back, and she informed him that the job had been outsourced. The victim asked the defendant to leave, and when he did not, she threatened to call security. The victim reached for her telephone to call for assistance, and the defendant grabbed the telephone out of her hand and pointed a gun at her. The victim tried to escape from the defendant by stepping toward the door, and the defendant crushed the victim's hand in the doorway, grabbed the victim by the throat and slammed her head against the office wall. The victim broke free and ran out of her office. The defendant left the building and was later arrested and charged in a substitute long form information with burglary in the first degree in violation of § 53a–101 (a)(2), kidnapping in the first degree in violation of § 53a–92 (a)(2)(C) and strangulation in the second degree in violation of General Statutes § 53a–64bb (a).
“On June 23, 2010, the court granted the defendant's motion for a speedy trial and scheduled jury selection to commence the following day. At the beginning of jury selection on June 24, 2010, defense counsel brought to the court's attention his concerns regarding the defendant's competency to stand trial, and asked for another competency examination to be performed. The defendant's counsel stated: ‘I have not had a recent chance to have a long discussion with [the defendant], but I have had chances yesterday and on the telephone and this morning, and just so the court's aware, he was evaluated, competency evaluated in or about the first months after the incidents that gave rise to these charges occurred.’ At that time the court noted that a § 54–56d (d) examination had been ordered. Defense counsel continued to address the court:
“In response, the court noted that a report had been filed approximately seven months previously that found the defendant competent to understand the charges against him and to assist in his defense. The court followed up by stating: Counsel for the defendant responded:
“In response, the court noted that defense counsel had met with [the defendant] on multiple occasions, and, yet, the first time the court heard of an issue of competency was when jury selection was to begin. Defense counsel agreed that that was a pertinent observation and then stated:
“After defense counsel concluded his argument, the court stated:
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