Wilson v. Duckworth

• Decision Date: 07 July 1983
• Docket Number: No. 81-2902,81-2902
• Parties: Johnie B. WILSON, Petitioner-Appellant, v. Jack DUCKWORTH and Indiana Attorney General, Respondents-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 415

716 F.2d 415

Johnie B. WILSON, Petitioner-Appellant, v. Jack DUCKWORTH and Indiana Attorney General, Respondents-Appellees.

No. 81-2902.

United States Court of Appeals, Seventh Circuit.

Submitted July 7, 1983. ^*

Decided Aug. 1, 1983. ^**

Richard Lee Owen, II, Leg. Asst. Found., Michigan City, Ind., for petitioner-appellant.

Bruce L. Kamplain, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before BAUER, WOOD, and ESCHBACH, Circuit Judges.

PER CURIAM.

Plaintiff Wilson appeals the denial of his petition for writ of habeas corpus, 28 U.S.C Sec. 2254, in which he challenged the language of a jury instruction. We affirm.

I.

Wilson was convicted in a 1973 jury trial of murder committed while perpetrating the felony of armed robbery. Wilson interposed as a defense a plea of not guilty by reason of insanity. Two physicians examined Wilson and determined that Wilson had a mental age of 10 years. The physicians split, however, on their assessment as to whether Wilson could tell the difference between right and wrong. Dr. Stanton was of the opinion that Wilson could "tell the difference between right and wrong, shaded ... by his low intelligence level and subject ... to modifying influences of harmful substances [heroin and alcohol] which he might be exposed to." Dr. Metcalfe was of the opinion that Wilson's "mental disease or defect [was] of such a nature as to prevent his conforming his conduct to necessary standards of society."

The jury was instructed, over Wilson's objections, that "... evidence of a low I.Q. in and of itself is not sufficient to negate responsibility for criminal acts." The objection was renewed in post-trial motions to correct errors and on appeal. Wilson objected that the instruction invaded the province of the jury by singling out a particular piece of evidence, his low I.Q., and by limiting the jury's consideration of the evidence.

Wilson's conviction was affirmed on appeal. Wilson v. State, 263 Ind. 469, 333 N.E.2d 755 (1975). While the Indiana Supreme Court did not find the above jury instruction an erroneous statement of the law, see Hill v. State, 252 Ind. 601, 251 N.E.2d 429 (1969), the court recommended avoidance of such instructions because of the tendency to misconstrue the instruction. In a dissenting opinion, Judge DeBruler argued that the instruction was a modification of the legal test of insanity adopted in Hill v. State, 252 Ind. 601, 251 N.E.2d 429. The legal test of insanity as prescribed by Hill is: "A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law." Hill, 252 Ind. at 614, 251 N.E.2d 429. The jury must apply the test in two steps. First the jury determines whether the accused suffered from a mental disease or defect at the time of the conduct. If the jury decides that the accused was afflicted, then the jury determines if that mental disease or defect rendered the accused incapable of appreciating the wrongfulness of his conduct or of conforming his conduct to the requirements of the law. Judge DeBruler concluded that the Wilson instruction impermissibly requires the jury either to conclude that "low I.Q. in and of itself" is not a mental disease or defect, or to conclude that, if "low I.Q. in and of itself" is a mental defect, it does not result in a substantial lack of capacity either to appreciate the wrongfulness of one's conduct or to conform one's conduct to the requirements of the law." Judge DeBruler urged that Wilson be granted a new trial.

Wilson filed the instant petition for writ of habeas corpus challenging the language of the jury instruction. Wilson with the aid of a legal assistant filed a traverse. The petition for writ was denied, and this appeal followed.

II.

In Henderson v. Kibbe, 431 U.S. 145, 154, 97 S.Ct. 1730, 1736, 52 L.Ed.2d 203 (1977), the Court articulated the standard for waging a collateral attack on jury instructions. The Court stated that the petitioner must not merely show that the instruction was "undesirable, erroneous, or even universally condemned," but must show that the ailing instruction "by itself so infected the entire trial that the resulting conviction violated due process." Id. at 154, 97 S.Ct. at 1736, citing Cupp v. Naughten, 414 U.S. 141, 147, 94 S.Ct. 396, 400, 38 L.Ed.2d 368. It is a well-settled proposition that a single jury instruction should not be judged in artificial isolation but be viewed in the context of the overall charge, because the process of instruction is but "one of several components of the trial which may result in the judgment of conviction." Henderson, 431 U.S. at 153 n. 10, 97 S.Ct. at 1736 n. 10; Cupp, 414 U.S. at 147, 94 S.Ct. at 400. With these principles, we consider Wilson's objections to the jury instruction.

Wilson contends that the instruction was erroneous and improper because it was ambiguous, limited the freedom of the jury to consider the evidence and unduly emphasized the evidence of Wilson's I.Q. Wilson speculates that the instruction could have been construed as meaning that the expert testimony pertaining to Wilson's low I.Q. was not to be given any weight, thus relieving the state of some of its burden of proving Wilson sane beyond a reasonable doubt.

In Hill v. State, 252 Ind. 601, 611, 251 N.E.2d 429 (1969), the Indiana Supreme Court adopted the A.L.I. definition of insanity ¹ and applied the new standard to defendant's argument that he had a low I.Q. bordering on retardation. While acknowledging that mental weakness was not a defense to a criminal prosecution, Robinson v. State, 113 Ind. 510, 16 N.E. 184 (1887), the court acknowledged that intelligence was a factor to be considered when determining whether the defendant had the requisite capacity to conform his actions to the requirements of the law. But, even under the Durham test, which the Hill court rejected, a defendant must show a causal relationship between the low I.Q. and the crime. Id. 252 Ind. at 612, 251 N.E.2d 429. ² See also United States v. Jackson, 553 F.2d 109, 116 (D.C.Cir.1976), citing McDonald v. United States, 312 F.2d 847, 850 (D.C.Cir.1962). Thus, Wilson must produce evidence other than low I.Q. to avail himself of the insanity defense. Significantly, the Hill court stressed the importance of complete consideration of a defendant's mental state, so as to ensure that testimony of psychiatrists not usurp the function of the jury, and that the jury not be bound by the definitions or conclusions of the experts as to what is a disease or defect. Id. 252 Ind. at 615, 251 N.E.2d 429. The Hill court described the role of psychiatric testimony as simply proving a description of the defendant's mental state as he sees it. The jury would make the determination as to criminal responsibility supplied with a clear understanding of the nature of the defendant's composite mental state and its relation to the criminal act. Id. at 616, 251 N.E.2d 429.

Wilson ignores the applicability of Hill and relies instead on Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). However, Sandstrom is addressed to jury instruction language creating a presumption of the volitional element of the offense, and is not applicable to the case at bar. Here, the instruction does not use mandatory language and does not mandate a presumption of the cognitive or volitional elements of the offense. See e.g., Feguer v. United States, 302 F.2d 214 (8th Cir.1962). The instruction merely states, "... evidence of a low I.Q. in and of itself is not sufficient to negate responsibility for criminal acts."

The Wilson court determined that the instruction (1) was not mandatory; (2) was not erroneous because it referred to evidence in the context of an instruction; and (3) was not an erroneous statement of law. Moreover, the court said that one cannot assume that despite the plain language of the instruction, the jury perverted the meaning and acted upon it to the prejudice of the defendant. We agree and conclude that Wilson has failed to show that the instruction so infected the...