State v. Flake8/5/2003
jury's rejection of the insanity defense. 88 S.W.3d at 554. While this is an appropriately deferential standard of review, it does not completely insulate the jury verdict. Id. Specifically, we held that "appellate courts in Tennessee should reverse a jury verdict rejecting the insanity defense only if, considering the evidence in the light most favorable to the prosecution, no reasonable trier of fact could have failed to find that the defendant's insanity at the time of the offense was established by clear and convincing evidence." Id. In so holding, we explicitly rejected "the notion that the State must rebut defense proof of insanity with substantial evidence," noting that the current statute clearly imposes no burden on the prosecution. Id. However, we recognized that once the insanity defense is interposed, the prosecution will likely attempt, in some manner, to counter the defense proof, either by expert testimony, lay witnesses, or vigorous cross-examination designed to undermine the credibility of the defense experts. Id. In determining whether the jury appropriately rejected the insanity defense, we emphasized that appellate courts must consider all the evidence in the record, including the defendant's actions and words at or near the time of the offense and the lay and expert testimony. Id. (citing State v. Sparks, 891 S.W.2d 607, 616 (Tenn. 1995); State v. Jackson, 890 S.W.2d 436, 440 (Tenn. 1994); Edwards v. State, 540 S.W.2d 641, 647 (Tenn. 1976)). Questions concerning the credibility of witnesses, the weight and value of the evidence, as well as factual disputes raised by the evidence, are for the trier of fact; appellate courts are not in the business of re-weighing the evidence or re-evaluating credibility determinations. Flake I, 88 S.W.3d at 554 (citing Holder, 15 S.W.3d at 912). Considering the evidence in this record in accordance with these now settled principles, this Court concludes that a reasonable trier of fact could have found the defendant failed to show by clear and convincing evidence that, as a result of a severe mental illness or defect, he was unable to appreciate the wrongfulness of his actions.
First, the record contains evidence suggesting the defendant was not suffering from a severe mental illness at the time of the offense. As much as two weeks and as little as one day prior to these shootings, the defendant had the forethought to falsely answer questions regarding his prior mental health treatment and drug abuse which, had he answered truthfully, likely would have precluded him from obtaining the weapon used to commit these crimes. See also Flake I, 88 S.W.2d at 555. In addition, as in Flake I, the proof showed that, while the defendant behaved strangely during the weeks and months preceding these shootings, his behavior on the day after these shootings had been, in the words of his father, " erfectly, fine." Mr. Flake described April 6, 1997, as a "regular day" for the defendant, stating that he came downstairs, hugged and kissed his mother, ate breakfast, worked on his car, took his dog to the park, grilled outside with his family, and made plans to watch a movie later that night. While one of the defendant's co-workers testified that the defendant's work performance was poor and his behavior strange on the day of these shootings, this co-worker previously had complained about the defendant's work performance and generally described the defendant as "out there." While the shootings were not expected, there is proof in the record to suggest that the defendant had felt animosity toward the victims. Several witnesses testified that the defendant was preoccupied with homosexuality. Dr. Hutson said the defendant had a "pathological fear" of being homosexual and opined that it w
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Tennessee DUI Attorneys
DUI Lawyers
|