State v. Skeens

• Decision Date: 10 April 2014
• Docket Number: No. 12–0887.,12–0887.
• Citation: 757 S.E.2d 762,233 W.Va. 232
• Court: West Virginia Supreme Court
• Parties: STATE of West Virginia, Plaintiff Below, Respondent v. Clinton Douglas SKEENS, Defendant Below, Petitioner.

233 W.Va. 232

757 S.E.2d 762

STATE of West Virginia, Plaintiff Below, Respondent

v.Clinton Douglas SKEENS, Defendant Below, Petitioner.

No. 12–0887.

Supreme Court of Appeals of West Virginia.

Submitted March 25, 2014.

Decided April 10, 2014.

Syllabus by the Court

1. “The question of whether a defendant is entitled to an instruction on a lesser included offense involves a two-part inquiry. The first inquiry is a legal one having to do with whether the lesser offense is by virtue of its legal elements or definition included in the greater offense. The second inquiry is a factual one which involves a determination by the trial court of whether there is evidence which would tend to prove such lesser included offense. State v. Neider, 170 W.Va. 662, 295 S.E.2d 902 (1982).” Syl. pt. 1, State v. Jones, 174 W.Va. 700, 329 S.E.2d 65 (1985).

2. “The diminished capacity defense is available in West Virginia to permit a defendant to introduce expert testimony regarding a mental disease or defect that rendered the defendant incapable, at the time the crime was committed, of forming a mental state that is an element of the crime charged. This defense is asserted ordinarily when the offense charged is a crime for which there is a lesser included offense. This is so because the successful use of this defense renders the defendant not guilty of the particular crime charged, but does not preclude a conviction for a lesser included offense.” Syl. pt. 3, State v. Joseph, 214 W.Va. 525, 590 S.E.2d 718 (2003).

3. “As a general rule, the refusal to give a requested jury instruction is reviewed for an abuse of discretion. By contrast, the question of whether a jury was properly instructed is a question of law, and the review is de novo.” Syl. pt. 1, State v. Hinkle, 200 W.Va. 280, 489 S.E.2d 257 (1996).

4. “To warrant a change of venue in a criminal case, there must be a showing of good cause therefor, the burden of which rests upon defendant, the only person who, in any such case, is entitled to a change of venue. The good cause aforesaid must exist at the time application for a change of venue is made. Whether, on the showing made, a change of venue will be ordered, rests in the sound discretion of the trial court; and its ruling thereon will not be disturbed, unless it clearly appears that the discretion aforesaid has been abused.” Syl. pt. 2, State v. Wooldridge, 129 W.Va. 448, 40 S.E.2d 899 (1946).

5. “One of the inquiries on a motion for a change of venue should not be whether the community remembered or heard the facts of the case, but whether the jurors had such fixed opinions that they could not judge impartially the guilt or innocence of the defendant.” Syl. pt. 3, State v. Derr, 192 W.Va. 165, 451 S.E.2d 731 (1994).

Lori M.P. Waller, Esq., Deputy Public Defender, Gregory L. Ayers, Esq., Deputy Public Defender, Kanawha County Public Defender's Office, Charleston, WV, for the Petitioner.

Patrick Morrisey, Attorney General, Benjamin F. Yancey, III, Assistant Attorney General, Charleston, WV, for the Respondent.

PER CURIAM:

This case is before this Court upon the appeal of Clinton Douglas Skeens (“Skeens”) from his conviction in the Circuit Court of Wayne County of murder of the first degree, without a recommendation of mercy. The evidence before the jury established that the victim, Jess Scott Jarrell, (“Jarrell”) died from multiple stab wounds resulting from an unprovoked attack carried out by Skeens at Jarrell's home. Decades before, Jarrell had been Skeens's football coach at Wayne High School. Skeens acknowledged at trial that no animosity had existed between him and Jarrell and that Jarrell had always treated him with respect.

Skeens was sentenced to the penitentiary for a term of life, without the possibility of parole. Thereafter, the circuit court denied Skeens's motion for a judgment of acquittal or, in the alternative, for a new trial. The circuit court reaffirmed that ruling in a final order entered on July 25, 2012. ¹

Jarrell's death resulting from Skeens's attack is not in dispute. Skeens asks this Court to set aside the conviction and grant him a new trial on the basis of two assignments of error. First, Skeens contends that the circuit court committed error in refusing to give the jury an instruction on voluntary manslaughter. He asserts that an instruction on voluntary manslaughter was warranted because he suffers from a mental illness which resulted in a diminished capacity to form malice, a required element of murder. Second, Skeens contends that the circuit court committed error in denying his motion for a change of venue. Skeens asserts that the motion should have been granted because of a hostile sentiment toward him generated by extensive media coverage of the case.

For the reasons stated below, this Court concludes that neither assignment of error has merit. Consequently, Skeens's conviction and sentence, as well as the final order of July 25, 2012, are affirmed.

I. Factual Background

The facts surrounding Jarrell's death are largely undisputed.

In early December 2010, Skeens was engaged in a conversation with Howard Whaley at the BP station in Wayne, West Virginia. Skeens asked Whaley where Jarrell lived. When Whaley mentioned the Wilson's Creek area, Skeens left the station and began walkingin that direction. Some time later, Jarrell was in the BP station and was told by Sherry Rowe, the station manager, that Skeens had been asking for him. Rowe told Jarrell to be careful because Skeens was not “the same guy that he was 30 years ago.” Rowe had lived with Skeens from 1999 to 2003. She indicated at trial that, during those years, Skeens frequently took pain pills and nerve pills.

On December 19, 2010, Skeens purchased two knives at the 5th Avenue Kroger store in the City of Huntington. The purchase was in cash and with the use of a Kroger Plus Card. One of the knives was found at the scene of the homicide. Later, about four or five days prior to the homicide, Skeens appeared at the residence of James Stephens in the Wilson's Creek area and asked where Jarrell lived. When Stephens told Skeens that Jarrell lived about three miles away, Skeens began walking in the direction of Jarrell's home. On December 30, 2010, an unidentified man appeared at Tammy's Florist and Gift Shop across from the BP station in the City of Wayne and asked where Jarrell lived. The employee at the shop did not know where Jarrell lived.

On the morning of December 31, 2010, the day of the homicide, Skeens was seen walking toward Jarrell's home located on Wilson's Creek. Jarrell was also seen that morning driving his gray Ford pickup truck. Around noon that day, Skeens attacked and killed Jarrell, age seventy-three, at Jarrell's home. Jarrell was stabbed forty-three times. Later that day, Jarrell's body was found by his adult son. Jarrell's pickup truck was missing. Shortly thereafter, the police arrived at the scene. The immediate investigation revealed that a number of guns, and a knife, had been placed on the bed in Jarrell's bedroom.² However, in addition to the truck, Jarrell's 16–gauge shotgun and hunting knife were missing.

Through the subsequent recovery of receipts and available surveillance videos, the State maintained that Skeens's movements following the homicide were as follows. That afternoon, Skeens drove Jarrell's truck to the nearby Town of Salt Rock and purchased two lottery tickets. Later, at 5:45 p.m., Skeens purchased some ammunition at the Wal–Mart store on Route 60 near Huntington.

Finally, at about 6:50 p.m. on December 31, 2010, State Trooper D.J. Chapman was parked in his cruiser near the Town of Lavalette when Skeens pulled up in Jarrell's pickup truck. Skeens exited the truck, pulled off his shirt and stated twice: “I'm the man that killed Scott Jarrell.” Skeens then punched Trooper Chapman in the face while Chapman was attempting to call for back-up. Chapman wrestled Skeens to the ground and, with assistance from a passerby, handcuffed Skeens and placed him in custody. A search of the pickup truck revealed several 16–gauge shotgun shells. Also recovered was a red sweatshirt, an analysis of which disclosed a mixture of DNA from Skeens and Jarrell.

II. Pretrial Proceedings

In July 2011, a Wayne County grand jury returned a one count indictment charging Skeens with the murder of Jess Scott Jarrell.

At the request of defense counsel, Dr. Bobby A. Miller, a psychiatrist, performed a forensic evaluation of Skeens and found Skeens incompetent to stand trial. Although Dr. Miller determined Skeens to be psychotic, Dr. Miller also found that Skeens was malingering and exaggerating his symptoms. Dr. Miller recommended that Skeens be referred to the William R. Sharpe, Jr., Hospital in Weston, West Virginia, for competence restoration services. Nevertheless, in July 2011, a separate forensic evaluation of Skeens was conducted by Dr. Ralph S. Smith, a psychiatrist, and Dr. Rosemary L. Smith, a psychologist. They concluded that Skeens suffered from a mood disorder in conjunction with malingering and was competentto stand trial.³

In August 2011, the circuit court conducted an evidentiary hearing on Skeens's competency to stand trial. Dr. Ralph S. Smith maintained that Skeens was competent. Dr. Miller, however, testified that Skeens had been hospitalized numerous times for mental problems over a ten-year period prior to the homicide and concluded that Skeens was both psychotic and malingering. Dr. Miller testified: “There's no doubt in my mind that Mr. Skeens was faking being mentally ill. There's also no doubt in my mind that he has bipolar disorder.” On September 7, 2011, the circuit court entered an order concluding that while both doctors determined that Skeens was faking the severity of his psychotic symptoms, Dr. Miller found Skeens to be suffering from a bipolar disorder and, thus, unable to assist his counsel in his own defense. Consequently, the circuit court directed that Skeens be transferred...