State v. Echard, No. 14521
| Court | Supreme Court of West Virginia |
| Writing for the Court | PER CURIAM |
| Citation | 280 S.E.2d 724,167 W.Va. 900 |
| Parties | STATE of West Virginia v. Carl O'Dell ECHARD. |
| Decision Date | 29 July 1981 |
| Docket Number | No. 14521 |
Page 724
v.
Carl O'Dell ECHARD.
Syllabus by the Court
"When a trial judge is made aware of a possible problem with defendant's competency, it is abuse of discretion to deny a motion for psychiatric examination." Part Syllabus, Point 4, State v. Demastus, W.Va., 270 S.E.2d 649 (1980).
Richard A. Bush, Parkersburg, for plaintiff in error.
Chauncey H. Browning, Jr., Atty. Gen., Paula Dean Maas, Asst. Atty. Gen., Charleston, for defendant in error.
PER CURIAM:
This is an appeal by Carl O'Dell Echard from an order of the Circuit Court of Wood County sentencing him as a recidivist to life in the penitentiary. Among other points, the appellant asserts that the circuit court erred in failing to order a mental examination to determine his competency to stand trial. We agree, and we reverse the judgment of the circuit court.
[167 W.Va. 901] The appellant was charged with armed robbery during the April 1978 term of the Circuit Court of Wood County. Sixteen days after the return of the indictment, and four days before trial was scheduled to begin, his counsel moved that an examination to assess his mental condition be conducted pursuant to the provisions of W.Va.Code,
Page 725
27-6A-1 (1977). In support of the motion counsel filed a letter from the Sheriff of Wood County dated March 20, 1978, indicating that the appellant, while confined in jail, had made three suicide attempts and had committed various other irrational and violent acts. After hearing arguments of defense counsel and the State on the motion, the trial court found that it had not been timely filed and that there had been no evidence justifying the examination.We have recognized that it is necessary that adequate procedures exist to insure that a legally incompetent accused is not convicted, and we have held that:
"When a trial judge is made aware of a possible problem with defendant's competency, it is abuse of discretion to deny a motion for psychiatric examination. To the extent State v. Arnold, W.Va., 219 S.E.2d 922 (1975), differs from this rule, it is overruled." Syllabus Point 4, State v. Demastus, W.Va., 270 S.E.2d 649 (1980).
We have also recognized that there are no fixed or immutable signs always dispositive of a defendant's competency to stand trial. Each case must, in effect, be judged on the facts presented. See, State v. Demastus, supra.
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State v. Watson, No. 16057
...court denied the motion. 1 The denial of the mental examination is the defendant's first ground of appeal. In State v. Echard, W.Va., 280 S.E.2d 724 (1981), we addressed the question of whether an attempt at suicide sufficiently raises the question of mental competency to require a trial co......
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Echard v. Holland, No. 17004
...previously imposed by the Circuit Court of Wood County. However, on July 29, 1981, this Court, in State v. Echard, --- W.Va. ----, 280 S.E.2d 724 (1981), reversed the appellant's Wood County armed robbery conviction and life sentence as a recidivist and remanded the case for a new trial. Th......
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State v. Sowards, No. 14528
...right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been [167 W.Va. 900] advised of his rights." Id. at ----, 101 S.Ct. at 1884, 68 L.Ed.2d at For the foregoing reasons the judgment of the Circuit Court of Put......
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Echard v. Hedrick, No. 88-7197
...parties agree are correct. 2 The conviction became effective the day of his armed robbery conviction, May 10, 1978. 3 State v. Echard, 280 S.E.2d 724 4 Echard v. Holland, 351 S.E.2d 51 (W.Va.1986). 5 W.Va.Code Sec. 61-11-21 requires that sentences are to be consecutive unless the court orde......
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State v. Watson, No. 16057
...court denied the motion. 1 The denial of the mental examination is the defendant's first ground of appeal. In State v. Echard, W.Va., 280 S.E.2d 724 (1981), we addressed the question of whether an attempt at suicide sufficiently raises the question of mental competency to require a trial co......
-
Echard v. Holland, No. 17004
...previously imposed by the Circuit Court of Wood County. However, on July 29, 1981, this Court, in State v. Echard, --- W.Va. ----, 280 S.E.2d 724 (1981), reversed the appellant's Wood County armed robbery conviction and life sentence as a recidivist and remanded the case for a new trial. Th......
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State v. Sowards, No. 14528
...right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been [167 W.Va. 900] advised of his rights." Id. at ----, 101 S.Ct. at 1884, 68 L.Ed.2d at For the foregoing reasons the judgment of the Circuit Court of Put......
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Echard v. Hedrick, No. 88-7197
...parties agree are correct. 2 The conviction became effective the day of his armed robbery conviction, May 10, 1978. 3 State v. Echard, 280 S.E.2d 724 4 Echard v. Holland, 351 S.E.2d 51 (W.Va.1986). 5 W.Va.Code Sec. 61-11-21 requires that sentences are to be consecutive unless the court orde......