State v. Schackart
| Citation | 858 P.2d 639,175 Ariz. 494 |
| Decision Date | 22 July 1993 |
| Docket Number | No. CR-85-0130-AP,CR-85-0130-AP |
| Parties | STATE of Arizona, Appellee, v. Ronald Dwight SCHACKART, Appellant. |
| Court | Supreme Court of Arizona |
Defendant appeals from his first degree murder conviction and death sentence. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. §§ 13-4031, -4033 and -4035. We affirm the conviction, but remand for resentencing.
On the evening of March 8, 1984, defendant appeared at his pastor's home and stated that he had killed a woman. He told the pastor that he intended to call the police, but first wanted to inform his mother. The two men drove to her home, where defendant disclosed what had happened. The police were then called.
When the officers arrived, they arrested defendant and read him his rights. They took him to the station where he was questioned. In a taped confession, defendant admitted that he had forced the victim to have sexual intercourse with him and thereafter killed her.
Police found the victim where defendant indicated, in a room at the Holiday Inn. Her body was under the covers on the bed. A large sock had been stuffed in her mouth with sufficient force to tear the base of her tongue. Subsequent medical examination revealed that she died of manual strangulation.
According to his confession, defendant and the victim had been friends. They intended to meet for lunch on March 8 to discuss his recent problems. Upon discharge from the army, defendant had allegedly returned home to find his wife in bed with a man. He also had been charged with sexually assaulting his wife, an accusation he denied. Defendant was out of work. He had no place to stay, having just moved from his parents' house following an argument. In an effort to help him, the victim drove defendant to the Holiday Inn so he could rent a room.
They talked for a while in the room. Defendant claimed he became upset thinking about his wife and began confusing the victim with her. He pulled a gun out and asked if she would have sex with him. She refused, so he forced her to comply at gunpoint.
The two remained in the room for several hours. When the victim appeared to be sleeping, defendant struck her on the neck with the gun butt, allegedly to knock her out. The blow, however, did not render her unconscious. Instead, she awoke and began screaming. Defendant then strangled her.
Defendant was charged with sexual assault, kidnapping, and first degree murder. Before trial, he offered to plead guilty. The trial judge rejected the plea when defendant refused to admit a sufficient factual basis for it.
Following trial, the jury convicted defendant on all counts, including first degree felony murder. It further found that he intended to kill the victim. An aggravation/mitigation hearing was held on May 3, 1985. On May 10, the court sentenced defendant to consecutive 30-year terms on each of the assault and kidnapping counts, and to death on the murder count. This appeal was filed the same day.
While preparing the record on appeal, the court reporter who had covered the trial and post-trial proceedings (Walters), became unwilling or unable to transcribe his notes. In October, 1985, the trial judge appointed another reporter (Fink) to assist Walters in preparing the transcript. He ordered Walters to cooperate in this effort.
Throughout October and early November, the two reporters collaborated on the transcripts. Fink transcribed Walters' notes to create "rough drafts." Walters then reviewed each draft, making corrections before a final copy was prepared. On one occasion, a witness reviewed a portion of his testimony and made minor corrections. The prosecutor also checked the transcripts for accuracy, but made no changes.
Before the transcripts were completed, Walters left Arizona. Fink finished them on her own and filed them.
On November 3, 1986, the supreme court clerk sent a letter to defendant's appellate counsel, informing him that a transcript of the May 10, 1985 sentencing had not yet been filed. In a letter dated November 26, 1986, appellate counsel informed the clerk that several additional transcripts were missing from the record. The clerk wrote back that those transcripts were not missing but rather had not been designated as part of the record on appeal. Defendant thereafter filed a motion to enlarge the record. This court granted the motion and three additional transcripts were filed on February 2, 1987.
Meanwhile, on January 15, 1987 the superior court ordered that the transcript of the May 10, 1985 sentencing be reconstructed pursuant to Rule 31.8(f), Ariz.R.Crim.P., 17 A.R.S. Thereafter, Fink prepared a "rough draft" transcript of the May 10 proceeding based on Walters' notes. On October 29, 1987, following a hearing at which defendant testified to his recollection of the sentencing, the trial judge issued a minute entry finding that the "rough draft" as corrected by the defendant was "an accurate account" of the sentencing.
On November 12, 1987, Fink filed an affidavit in which she stated:
In my opinion Mr. Walters was not a competent court reporter. In some instances it appeared that he had been unable to keep up with what was being said, so that words were left out, and in other instances he struck the wrong keys, thereby misspelling words and causing further confusion. He also often failed to identify who was speaking.
...
The notes of the sentencing hearing held on May 10, 1985 were even worse than those of the trial. Mr. Walters told me before he left that he had been sick that day, and that the presence in the courtroom of so many people from the news media made him so nervous that he was almost unable to make any notes. The difficulty in deciphering the notes was so great that the production of the "Rough Draft" of that hearing, which should have taken no more than 2 hours, required 2 solid days of work.
On the basis of this affidavit, defendant moved for a hearing to "ascertain the integrity of the transcripts."
The court held such a hearing on February 16, 1988, at which Fink testified. She stated that although the trial transcript contained frequent mistakes, "[Walters] got the context of what was said." Concerning the May 10, 1985 sentencing, however, she said that Walters' notes were "pretty much" unintelligible.
Shortly thereafter, defendant moved for the appointment of an expert witness to review the transcripts. He also requested that the court order his trial counsel to review the transcripts and prepare a statement of the proceedings pursuant to Rule 31.8(f), Ariz.R.Crim.P., 17 A.R.S. On March 23, 1988, the court denied the request for an expert witness, but ordered defendant's trial counsel to review the transcripts and report their findings to the court. In August, 1988, defense counsel filed statements correcting errors in the transcripts. In early 1989, defendant himself also filed a list of corrections with the trial judge.
On January 31, 1990, the judge issued a detailed order setting out specific corrections to the trial transcripts. Having "read and reviewed all of the transcripts," he found that most mistakes were "relatively minor typographical errors." He then concluded: "The transcript is a fair and accurate representation of what took place in the trial court during this trial and its corollary proceedings." Minute Entry, January 31, 1990 (emphasis in original). On February 27, 1990, the clerk of the supreme court issued a notice that the record was complete.
On June 7, 1990, defendant filed another motion to enlarge the record, requesting inclusion of the May 10, 1985 "rough draft," and the transcripts of three hearings in late 1987 and early 1988 regarding the condition of the record. On June 13, 1990, defendant filed a third motion to enlarge, specifying several portions of the trial which were completely missing. These included the testimony of three police officers, a hearing on the admission of gruesome photographs and objects, and discussions regarding several evidentiary matters.
On November 30, 1990, the trial judge issued a status report in which he stated that the transcripts of two hearings regarding the condition of the record would be filed with the supreme court. The third, he said, was telephonic and no court reporter had been present. The judge further indicated that the testimony of the three witnesses, the hearing on the photographs and objects, various evidentiary rulings and a post-trial challenge to the jury panel, had all been located and transcribed by reporter Fink. Finally, he stated that to the best of his knowledge, all evidentiary rulings in the transcripts were sufficient to permit appellate review.
On December 21, 1990, the final transcripts were filed with this court. On January 14, 1991, the clerk again informed appellate counsel that the record was complete.
Defendant argues that he is entitled to a new trial because the record is "unavailable" for all practical purposes. In light of the problems with the transcripts in this case, he claims there is no way to state with certainty that they accurately reflect the proceedings.
Rules 31.8(f) and (h), Ariz.R.Crim.P., 17 A.R.S. set out the procedure for correcting errors and reconstructing the record when necessary. Confronted with the prospect of missing and inaccurate transcripts, the trial court utilized these rules and took all reasonable measures to ensure that the record provided a complete account of defendant's trial. The judge found that the transcripts before us fairly and accurately reflect the proceedings below.
We too have painstakingly reviewed the record. Though the saga we have described is most regrettable, we are...
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State v. Moody
......Morenz might have developed from reading the grand jury transcript before meeting with Moody. This court has observed that cross-examination can place an expert's conclusions in context and help the jury appropriately weigh the testimony. State v. Schackart, 175 Ariz. 494, 502, 858 P.2d 639, 647 (1993) ("If the defense wishes to challenge the manner in which a mental examination has been conducted, or an expert's conclusions, this can be done on cross-examination or during the testimony of its own witness."); see also State v. Mincey, 141 Ariz. ......
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State v. Cota, CR–09–0218–AP.
...... State v. Newell, 212 Ariz. 389, 404–05 ¶ 78, 132 P.3d 833, 848–49 (2006). ¶ 37 A defendant offering expert mental health testimony must either submit to a state examination or forego introducing his evidence. State v. Schackart, 175 Ariz. 494, 500–01, 858 P.2d 639, 645–46 (1993); Phillips v. Araneta, 208 Ariz. 280, 283 ¶ 9, 93 P.3d 480, 483 (2004) (applying Schackart to the penalty phase of a capital trial). The State's examination need not mirror that of the defense. Rather, the State is entitled to “a ......
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State v. Moody, Arizona Supreme Court No. CR-02-0044-AP (AZ 8/8/2004)
......Morenz might have developed from reading the grand jury transcript before meeting with Moody. This court has observed that cross-examination can place an expert's conclusions in context and help the jury appropriately weigh the testimony. State v. Schackart, 175 Ariz. 494, 502, 858 P.2d 639, 647 (1993) ("If the defense wishes to challenge the manner in which a mental examination has been conducted, or an expert's conclusions, this can be done on cross-examination or during the testimony of its own witness."); see also State v. Mincey, 141 Ariz. ......
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State v. Dann
......Smith, 451 U.S. 454, 468, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981). . ¶ 92 Here, Dr. Gomez testified on behalf of Dann that Dann suffered from borderline personality disorder. This testimony opened the door to rebuttal from Dr. Hayes. See State v. Schackart, 175 Ariz. 494, 500, 858 P.2d 639, 645 (1993) ("[A] defendant who places his or her mental condition in issue and gives notice of an intention to rely on psychiatric testimony has `opened the door' to an examination by an expert appointed on motion of the state."). Accordingly, no Fifth Amendment ......