Rehearing Denied Dec. 7, 1987.
See 484 U.S. 982.
On petition for writ of certiorari to the Supreme Court of
Georgia.
The petition for a writ of certiorari is denied.
Justice MARSHALL, with whom Justice BRENNAN joins,
dissenting.
I continue to believe that the death penalty is in all
circumstances cruel and unusual punishment prohibited by the Eighth
and Fourteenth Amendments. See Gregg v. Georgia,
428 U.S.
153, 231, 2973 (1976) (MARSHALL, J., dissenting). But even if I
did not hold this view, I would grant the petition for writ of
certiorari in order to consider whether a defendant evaluated for
competency by a state- appointed examiner has a due process right
to an examiner whose qualifications and procedures meet minimal
professional standards. The trial court failed to consider this
question, and its conclusory order raises doubt as to whether the
strictures of due process were met in this case.
Page 484 U.S.
874 , 875
I
Petitioner James Willie Brown has a 20-year history of severe
mental illness. When he was arrested for murder in 1975, petitioner
already had been institutionalized on three prior occasions. Over
the next six years, petitioner was continually adjudged incompetent
to stand trial. Petitioner spent most of that time
institutionalized at Central State Hospital, where he was
consistently diagnosed as a paranoid schizophrenic. In 1977, the
hospital reported that petitioner was competent to stand trial, but
petitioner's mental condition deteriorated after he was transferred
to the local jail and on the joint motion of the State and his
counsel, he was recommitted to Central State as incompetent.
Petitioner remained at Central State until 1980, when a hospital
doctor again determined petitioner could stand trial. Although
petitioner's doctors had noted his history of aggravated illness
during periods of incarceration and had recommended that he be kept
at the hospital until just before trial, petitioner was jailed
until his competency trial in April 1981. During this time, a
physician at the jail examined petitioner and once again found him
incompetent; petitioner's counsel was never informed of this
evaluation.
Petitioner filed a demand for speedy trial early in 1981, and a
competency trial was scheduled before a special jury. The morning
of trial, the court appointed Lewis Collins to evaluate
petitioner's competency. Collins had received his Ph.D. from the
Georgia State University only 10 days before. He was not a licensed
psychologist, and in fact later failed the state licensing
examination twice. He had received no formal training in conducting
competency evaluations. Collins' entire evaluation of petitioner's
competency consisted of one 20- minute interview. Collins did not
talk to any of the doctors who previously had examined petitioner,
he performed no psychological testing, and the only record he
examined was a short discharge summary from Central State. From
this meager examination, Collins concluded that petitioner was
competent to stand trial. The jury agreed, and three months later
petitioner was tried and convicted of murder and sentenced to
death.
At the instant state habeas proceeding, a number of experts
testified that Collins' qualifications and examination for
competency were substandard. The trial court nevertheless
determined without explanation that Collins "was qualified by his
education and experience to give an opinion as to the sanity of the
Peti-
Page 484 U.S.
874 , 876
tioner." App. to Pet. for Cert. B-2. The court therefore
concluded that "[ t]he jury properly found the Petitioner competent
to stand trial based upon the evidence before it." Ibid. The
Supreme Court of Georgia then denied petitioner's application for a
certificate of probable cause to appeal.
II
In Ake v. Oklahoma,
470 U.S.
68, 83, 1096 (1985), this Court held that "when a defendant
demonstrates to the trial judge that his sanity at the time of the
offense is to be a significant factor at trial, the State must, at
a minimum, assure the defendant access to a competent psychiatrist
who will conduct an appropriate examination and assist in
evaluation, preparation, and presentation of the defense." The
guarantee recognized in Ake, it is important to stress, is not just
that the State ensure access to a psychiatrist, but that it ensure
that the psychiatrist be a competent professional who will perform
an appropriate examination. Similarly, our cases interpreting the
constitutional guarantee of counsel have recognized that that
guarantee comprehends a degree of competence; thus, a State cannot
discharge its duty to provide counsel by appointing an attorney who
fails to render adequate legal assistance. Strickland v.
Washington,
466 U.S.
668, 685-686, 2063 (1984). See Evitts v. Lucey,
469 U.S.
387, 396, 836 ( 1985) ("[N]ominal representation on an appeal
as of right-like nominal representation at trial-does not suffice
to render the proceedings constitutionally adequate; a party whose
counsel is unable to provide effective representation is in no
better position than one who has no counsel at all").
The instant case calls upon the Court to determine whether an
expert appointed by the State to evaluate a defendant's competency
to stand trial must meet similar minimum standards. Although we
have never confronted the issue directly, I have no doubt that the
Due Process Clause incorporates such a safeguard. We already have
recognized that "the failure to observe procedures adequate to
protect a defendant's right not to be tried or convicted while
incompetent to stand trial deprives him of his due process right to
a fair trial." Drope v. Missouri,
420 U.S.
162, 172, 904 (1975). An examination that meets minimum
professional standards performed by a competent psychologist or
psychiatrist must count among these adequate procedures. Expert
testimony is the most compelling evidence offered to a jury
charged
Page 484 U.S.
874 , 877
with the task of evaluating a defendant's competency to stand
trial. As we have recognized in the context of an evaluation of
sanity, "[w]hen jurors make this determination about issues that
inevitably are complex and foreign, the testimony of psychiatrists
can be crucial. . . ." Ake v. Oklahoma, supra, 470 U.S., at 81.
Indeed, a defendant subjected to a substandard examination by an
unqualified professional may be placed in a worse position than a
defendant who is denied an evaluation in the first place. If the
"expert" concludes the defendant is competent to stand trial, that
conclusion is cloaked in the special authority that we have
recognized an expert witness conveys to the jury. See 470 U.S., at
81, n. 7, n. 7. I therefore believe that when a State appoints an
examiner to evaluate a defendant's competency to stand trial, the
Constitution requires that the examiner possess minimum
professional qualifications and that his examination procedures
conform to minimum professional standards.
The trial court apparently did not believe this case raised any
constitutional concerns, and it did not consider whether Collins'
examination was consistent with the requirements of the Due Process
Clause . In my view, there appears to be serious doubt as to
whether petitioner's due process rights were met in this case.
Collins' qualifications were, at best, undistinguished. Collins,
who had received his psychology degree only 10 days before he
evaluated petitioner, had never taken Georgia's licensing
examination, and he later failed that examination twice. The
Chairman of the Board of Examiners of Psychology for the State of
Georgia testified at the habeas trial that the licensing
examination measures minimum skills and that a person who had
failed the test twice might not be qualified to act as a
psychologist. Pet. for Cert. 7. Even if Collins were considered
qualified to make an evaluation of competency, his examination of
petitioner in this case appears to have been hopelessly
substandard. Every expert who testified at the habeas trial
indicated that Collins' examination was deficient. Collins
performed no psychological tests, consulted none of the doctors who
previously had examined petitioner, and did not even bother to read
most of petitioner's file. This approach is especially suspect in
light of petitioner's long history of mental illness and 6-year
history of incompetency. I would grant the petition for certiorari
to consider whether this treatment can be squared with the due
process right not to be tried or convicted while incompetent to
stand trial.
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