State v. Turner
| Decision Date | 10 July 2006 |
| Docket Number | No. 2005-KA-2425.,2005-KA-2425. |
| Citation | 936 So.2d 89 |
| Parties | STATE of Louisiana v. Jimmy M. TURNER. |
| Court | Louisiana Supreme Court |
Rehearing Denied September 1, 2006.
Charles C. Foti, Jr., Attorney General, Kristi D. Hagood, Assistant Attorney General, Don M. Burkett, District Attorney, for appellant.
Glass & Reed, John Wilson Reed, New Orleans, Wellborn Jack, Jr., Elton B. Richey. Jr., Shreveport, for appellee.
This matter is before us under our original appellate jurisdiction, pursuant to La. Const. Art. V, § 5, from the trial court ruling, which declared La.Code Crim. Proc. art. 905.5.1 unconstitutional. For the following reasons we reverse the trial court and hold the trial court erred in finding a jury determination of the factual issue of whether a capital defendant is mentally retarded offends constitutional guarantees. The trial court additionally erred in finding the codal article unconstitutionally vague, that it violates the defendants Sixth Amendment right to compulsory process and that it requires the defendant to relinquish his rights under the Fifth Amendment, because those rulings are speculative and hypothetical.
Defendant is charged by bill of indictment with two counts of first-degree murder. The State has filed its notice of intent to seek the death penalty alleging the murders occurred while defendant was engaged in the perpetration or attempted perpetration of armed robbery and that the defendant killed more than one person.
Defendant claims he is mentally retarded and consequently, is not subject to a sentence of death.1 Defendant filed, inter alia, a motion to declare unconstitutional La.Code Crim. Proc. art. 905.5.1, which establishes a procedure for a defendant to demonstrate mental retardation thereby precluding the imposition of capital punishment.
The trial court issued a written ruling declaring La.Code Crim. Proc. art. 905.5.1 unconstitutional. The trial court found the statute violates the defendant's due process rights and the Eighth Amendment by creating an intolerable risk that mentally retarded persons may be executed; that article 905.5.1 G is unconstitutionally vague; that article 905.5.1 G violates the defendant's Sixth Amendment right to compulsory process; and article 905.5.1 E is unconstitutional as it conditions a defendant's exercise of one constitutionally protected right upon the relinquishment of another constitutionally protected right.2
In Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the United States Supreme Court held that executing mentally retarded offenders is excessive under the Eighth Amendment. Atkins, 536 U.S. at 321, 122 S.Ct. at 2252. However, while extending Eighth Amendment protection to the mentally retarded, the Supreme Court left the imposition of the new rule to the states. Id., 536 U.S. at 317, 122 S.Ct. at 2250. In the next legislative session following the rendering of Atkins, the Louisiana Legislature enacted 2003 La. Acts 698, codified at La.Code Crim. Proc. art. 905.5.1. This article provides a procedure to be used in the event a capital defendant raises a claim of mental retardation.
La.Code Crim. Proc. art. 905.5.1 provides:
A. Notwithstanding any other provisions of law to the contrary, no person who is mentally retarded shall be subjected to a sentence of death.
B. Any capital defendant who claims to be mentally retarded shall file written notice thereof within the time period for filing of pretrial motions as provided by Code of Criminal Procedure Article 521 C. (1) Any defendant in a capital case making a claim of mental retardation shall prove the allegation by a preponderance of the evidence. The jury shall try the issue of mental retardation of a capital defendant during the capital sentencing hearing unless the state and the defendant agree that the issue is to be tried by the judge. If the state and the defendant agree, the issue of mental retardation of a capital defendant may be tried prior to trial by the judge alone.
(2) Any pretrial determination by the judge that a defendant is not mentally retarded shall not preclude the defendant from raising the issue at the penalty phase, nor shall it preclude any instruction to the jury pursuant to this Section.
D. Once the issue of mental retardation is raised by the defendant, and upon written motion of the district attorney, the defendant shall provide the state, within time limits set by the court, any and all medical, correctional, educational, and military records, raw data, tests, test scores, notes, behavioral observations, reports, evaluations, and any other information of any kind reviewed by any defense expert in forming the basis of his opinion that the defendant is mentally retarded.
E. By filing a notice relative to a claim of mental retardation under this Article, the defendant waives all claims of confidentiality and privilege to, and is deemed to have consented to the release of, any and all medical, correctional, educational, and military records, raw data, tests, test scores, notes, behavioral observations, reports, evaluations, expert opinions, and any other such information of any kind or other records relevant or necessary to an examination or determination under this Article.
F. When a defendant makes a claim of mental retardation under this Article, the state shall have the right to an independent psychological and psychiatric examination of the defendant. A psychologist conducting such examination must be licensed by the Louisiana State Board of Examiners of Psychologists. If the state exercises this right, and upon written motion of the defendant, the state shall provide the defendant, within time limits set by the court, any and all medical, correctional, educational, and military records, and all raw data, tests, test scores, notes, behavioral observations, reports, evaluations, and any other information of any kind reviewed by any state expert in forming the basis of his opinion that the defendant is not mentally retarded. If the state fails to comply with any such order, the court may impose sanctions as provided by Article 729.5.
G. If the defendant making a claim of mental retardation fails to comply with any order issued pursuant to Paragraph D of this Article, or refuses to submit to or fully cooperate in any examination by experts for the state pursuant to either Paragraph D or F of this Article, upon motion by the district attorney, the court shall neither conduct a pretrial hearing concerning the issue of mental retardation nor instruct the jury of the prohibition of executing mentally retarded defendants.
H. (1) "Mental retardation" means a disability characterized by significant limitations in both intellectual functioning and adaptive behavior as expressed in conceptual, social, and practical adaptive skills. The onset must occur before the age of eighteen years.
(2) A diagnosis of one or more of the following conditions does not necessarily constitute mental retardation:
(a) Autism.
(b) Behavioral disorders.
(c) Cerebral palsy and other motor deficits.
(d) Difficulty in adjusting to school.
(e) Emotional disturbance.
(f) Emotional stress in home or school.
(g) Environmental, cultural, or economic disadvantage.
(h) Epilepsy and other seizure disorders.
(i) Lack of educational opportunities.
(j) Learning disabilities.
(k) Mental illness.
(l) Neurological disorders.
(m) Organic brain damage occurring after age eighteen.
(n) Other handicapping conditions.
(o) Personality disorders.
(p) Sensory impairments.
(q) Speech and language disorders.
(r) A temporary crisis situation.
(s) Traumatic brain damage occurring after age eighteen.
In determining the constitutionality of a statute, it is important to keep certain principles in mind. A statute is presumed to be valid and its constitutionality should be upheld whenever possible. State v. Thomas, 04-559, p. 3 (La.1/19/05), 891 So.2d 1233, 1235; State v. Griffin, 495 So.2d 1306, 1308 (La.1986). Louisiana criminal statutes must be "given a genuine construction, according to the fair import of their words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision." La.Rev.Stat. 14:3.
In holding this article unconstitutional, the trial court held it violates the due process and Eighth Amendment rights of a defendant by creating an intolerable risk that mentally retarded persons may be executed. The trial court found the issue of mental retardation should be determined by the trial judge to minimize the risk that a "death-qualified" jury will make an erroneous finding and sentence a mentally retarded person to death.
The trial court premised this holding in part on its finding that the Legislature's enactment of La.Code Crim. Proc. art. 905.5.1 was a significant departure from the procedure set forth by this Court in State v. Williams, 01-1650 (La.11/1/02), 831 So.2d 835. We decided Williams in the interim between the Supreme Court's Atkins decision and the Louisiana Legislature's enactment of law in accordance with Atkins. Our decision in Williams concerned the defendant's appeal of his capital conviction and sentence of death. There the defendant assigned as error his sentence, alleging he was mentally retarded and execution would violate the Eighth Amendment. Prior to this defendant's trial, mental retardation was merely a factor in mitigation. Post Atkins, mental retardation is a complete prohibition against imposition of the death penalty. Williams, 01-1650 at p. 27, 831 So.2d at 856-857. Thus, we found a remand of the case for a full evidentiary hearing to determine whether or not the defendant was mentally retarded was warranted. The specifics of remanding a case on an Atkins claim was res nova and thus, we set out...
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