 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Steelman9/13/1978
f punishment which may be imposed and must be considered separately under the Eighth Amendment. See Leland v. Oregon, supra; Jackson v. Dickson, 325 F.2d 573 (9th Cir. 1963), cert. den. 377 U.S. 957, 84 S.Ct. 1637, 12 L.Ed.2d 501 (1964). We find no error.
MOTION UNDER RULE 11
Within a month of Steelman's return to Arizona, his counsel moved for an examination and hearing pursuant to Rule 11, Rules of Criminal Procedure, 17 A.R.S., in order to determine his competency to stand trial and his mental condition at the time of the offense charged. The motion was granted and three doctors, Dr. Jacob Hoogerbeets (requested by the defense), Dr. Allan Beigel (requested by the State), and Dr. Marshall Jones were appointed to examine Steelman. On 7 February 1975, the hearing was held and Steelman was found to be competent to stand trial on the basis of the reports submitted by the three doctors.
The question of Steelman's competency to understand and participate in the proceedings was again raised during the trial. On the morning of 14 July, defense counsel requested a hearing in chambers. Counsel reported that Steelman had requested that he be handcuffed during the proceedings because he felt that he would be unable to control himself. Steelman was brought in and asked about his condition. He told the trial court that he had been hallucinating through the night and into the morning and that this produced violent reactions which could cause him to injure himself or someone else. He claimed to have already injured himself by throwing his arm against the wall of his cell. Steelman requested either handcuffs or the drugs Quaalude, morphine or Demerol.
The court held a discussion with Steelman off the record with counsel present and consulted by telephone with Dr. Hoogerbeets in Tucson. The court stated that Dr. Hoogerbeets told him that there was no reason to be concerned about Steelman's mental condition; that this happened about every three weeks and that the defendant would use the situation to request Quaalude,
a barbiturate, or some other street drug. According to Dr. Hoogerbeets, Thorazine or Stelazine would be adequate.
Defense counsel then moved for a Rule 11 hearing. With the motion pending, the court recessed and had Steelman taken to nearby Springerville where he was examined by Dr. Heynekamp, a medical doctor who was not a psychiatrist. Dr. Heynekamp found that Steelman was able to assist counsel; he was rational and normal. One of the drugs recommended by Dr. Hoogerbeets was prescribed to calm his nerves but the defendant refused to take it claiming that it would make him "hyper" and cause hallucinations. The court denied the Rule 11 motion, but indicated that it was leaving open the possibility that the ruling could be changed depending on his observation of Steelman as the trial progressed. An arrangement was made permitting Steelman to sit in the courtroom without handcuffs by placing deputies on either side of him.
On appeal, Steelman contends that the trial court improperly found him competent to stand trial. We do not agree. The court had before it a motion requesting an examination and hearing under Rule 11. Rule 11.2 reads as follows:
"At any time after an information is filed or indictment returned, any party may move for an examination to determine whether a defendant is competent to stand trial, or to investigate his mental condition at the time of the offense, or both."
Such examination and hearing must be held if there are reasonable grounds to support such an examination and hearing. Rule 11.3, Rules of Criminal Procedure, 17 A.R.S.; State
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|