State v. Guatney

• Decision Date: 12 December 1980
• Docket Number: No. 43609,43609
• Citation: 207 Neb. 501,299 N.W.2d 538
• Parties: STATE of Nebraska, Appellee, v. William J. GUATNEY, Appellant.
• Court: Nebraska Supreme Court

Page 538

299 N.W.2d 538

207 Neb. 501

STATE of Nebraska, Appellee, v. William J. GUATNEY, Appellant.

No. 43609.

Supreme Court of Nebraska.

Dec. 12, 1980.

Syllabus by the Court

1. Special Proceedings. A special proceeding may be said to include every special statutory remedy which is not in itself an action.

2. Special Proceedings. Where the law confers a right, and authorizes a special application to a court to enforce it, the proceeding is special, within the ordinary meaning of the term "special proceeding."

3. Competence to Stand Trial: Special Proceedings. Proceedings commenced pursuant to Neb.Rev.Stat. § 29-1823 (Reissue 1979) are special proceedings as referred to in Neb.Rev.Stat. § 25-1902 (Reissue 1979).

4. Competence to Stand Trial: Special Proceedings: Final Orders: Appeal and Error. A proceeding to determine the competency of an accused to stand trial is a special proceeding within the meaning of Neb.Rev.Stat. § 25-1902 (Reissue 1979) and an order finding the accused incompetent to stand trial and ordering him confined until such time as he is competent, is a final order from which an appeal may be taken under Neb.Rev.Stat. § 25-1911 (Reissue 1979).

5. Competence to Stand Trial. The test of mental competency to stand trial is whether the defendant now has the capacity to understand the nature and object of the proceedings against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense.

Dennis R. Keefe, Public Defender, and Rodney J. Rehm, Deputy Public Defender, Lincoln, for appellant.

Ron Lahners and Robert R. Gibson, Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, BRODKEY, WHITE, and HASTINGS, JJ., and BURKHARD, District Judge.

PER CURIAM.

The appellant, William J. Guatney, appeals from an order of the District Court for Lancaster County, Nebraska, finding him incompetent to stand trial and committing him to the Lincoln Regional Center until such time as he is found to be competent. We have now concluded, based upon our reading of the record and the applicable law, that appellant is competent to stand trial and, therefore, we reverse and remand the order of the District Court.

There are a number of errors assigned by appellant. We believe, however, that only two issues need be considered in order for us to properly dispose of this matter. The first concerns the question of whether the court's finding that the appellant was incompetent to stand trial and its order committing him to the Lincoln Regional Center until he is competent to stand trial was a final order from which appellant could appeal to this court. The second is whether the evidence adduced at the competence hearing was sufficient to establish the fact that the appellant is incompetent to stand trial.

The facts relevant to the disposition of this matter disclose that on August 18, 1979, appellant was charged by a complaint and information in the Lancaster County court with two counts of first degree murder. He waived his right to a preliminary hearing and was arraigned in the District Court on the same charges on October 18, 1979, at which time he entered a plea of not guilty to each count of the information.

On November 27, 1979, appellant's attorney filed a motion pursuant to Neb.Rev.Stat. § 29-1823 (Reissue 1979) to determine whether appellant was competent to stand trial. Hearing was held on November 30, 1979, as a result of which the trial court entered an order finding that a further examination should be performed upon appellant to determine whether appellant was competent to stand trial. The court, therefore, committed appellant to the Lincoln Regional Center for additional examination and ordered that a report be sent to the court by the authorities at the regional center. Following the further evaluation, a hearing was held on February 14, 1980. Based upon testimony given by Dr. Leonard E. Woytassek, chief of the security service at the Lincoln Regional Center, the court found that appellant was mentally incompetent to stand trial and committed him to the Lincoln Regional Center "until such time as the defendant's disability may be removed."

On June 10, 1980, appellant's attorneys filed a motion for review of the court's order finding the defendant incompetent to stand trial. The review was requested for "the reason that the defendant now appears competent to stand trial." A hearing on the motion was held on June 18 and 20, 1980.

Four mental health professionals who had examined appellant for competency to stand trial testified at the hearing. Mr. Guatney was diagnosed by Dr. Emmett Kenney as having mild organic brain syndrome with "a tendency to disorganize under serious stress." Dr. Kenney did, however, testify that, in his opinion, appellant now met all the necessary requirements to establish his competency to stand trial.

Dr. James K. Cole, a psychologist who had previously examined appellant, likewise testified that, in his opinion, appellant met all the necessary requirements to establish his competency to stand trial.

Dr. William C. Bruns, a psychiatrist, examined the appellant on two occasions. While Dr. Bruns also believed that appellant had organic brain syndrome, he nevertheless testified that, in his opinion, appellant met the competency standards and said he felt that appellant could maintain his level of competency through trial.

Finally, Dr. Woytassek testified. Dr. Woytassek stated that he believed that appellant would understand the nature of the proceedings against him but he cautioned that, because of paranoid ideation, appellant has the general feeling that people involved in the proceedings are against him. Dr. Woytassek further felt that appellant was rather unstable and, therefore, sometimes he would be able to consult with his attorneys and sometimes he would not.

During the testimony of several witnesses, appellant interrupted the court proceedings, shouting and making verbal comments. While the evidence would indicate that the outbursts by appellant were disruptive, the evidence likewise indicates that the outbursts were directly related to the very testimony then being given to the witnesses. The trial court did not admonish appellant about his behavior or attempt any other means to restrain appellant from continuing his disruptive behavior, although appellant's counsel attempted to quiet him.

On June 24, 1980, the court issued a memorandum order finding appellant not competent to stand trial. The order specifically addressed the question of appellant's memory and found that, while appellant's memory was poor and might, therefore, have a limited effect on his ability to present his defense, it was not so poor as to prevent appellant from aiding in his own defense.

Of greater concern to the court was the appellant's mental and emotional instability. The court felt that appellant was unfamiliar with courtroom procedure, as evidenced by his outbursts in court, and that he further displayed an inability to cooperate with his defense counsel, holding a desire for undeserved punishment rather than justice. The trial court, therefore, believed that the stress of a multiweek trial would result in appellant making profane responses to witnesses, counsel, the court, or even the jury, which would result in a mistrial and an ultimate finding that the appellant was incompetent to stand trial. Likewise, the trial court was concerned that appellant could not meaningfully waive any of his constitutional rights and would deteriorate during the course of the trial. Appellant was, therefore, committed to the Lincoln Regional Center until he was no longer incompetent. It is from that order that he now appeals.

We need first, then, to turn to the issue of whether an order finding appellant not competent to stand trial and directing him to be confined in the Lincoln Regional Center until he is competent to stand trial is a final order within the meaning of the applicable Nebraska statutes so as to entitle appellant to appeal from that order to this court.

Neb.Rev.Stat. § 25-1911 (Reissue 1979) provides that: "A judgment rendered or final order made by the district court may be reversed, vacated or modified by the Supreme Court for errors appearing on the record." A final order is defined by Neb.Rev.Stat. § 25-1902 (Reissue 1979) as: "An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment ...."

No Nebraska cases are cited to us, nor are we able to find any in which this specific issue has been decided. Other jurisdictions have split on the issue of whether an order finding one incompetent to stand trial and committing one to an institution is an appealable order. See Annot., 16 A.L.R.3d 714 (1967). We believe, however, a review of what is involved when one accused of a crime is declared incompetent to stand trial and ordered confined until the defect is cured, in light of § 25-1902, compels us to join with those jurisdictions which have determined that an order finding an accused incompetent to stand trial and directing his confinement until he becomes competent is a final order in a special proceeding from which an appeal may be taken to this court.

We reach our conclusion concerning the right of appeal because we believe that a hearing pursuant to § 29-1823 to determine the competency of an accused to stand trial is a special proceeding within the meaning of § 25-1902.

We have previously said in the case of Sullivan v. Storz, 156 Neb. 177, 180, 55 N.W.2d 499, 502 (1952): "A special proceeding may be said to include every special statutory remedy which is not in itself an action.... 'Where the law confers a right, and authorizes a special application to a court to enforce it, the proceeding is special, within the...