Commonwealth Of Kentucky Court of Appeals

Similar documents
Commonwealth Of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky. Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

RENDERED: April 7, 2000; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

RENDERED: MAY 2, 2008; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR

RENDERED: November 7, 1997; 10:00 a.m. NOT TO BE PUBLISHED NO. 96-CA-1594-MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING * * * * *

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

RENDERED: March 26, 1999; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR LARRY EDWARD WILLIAMSON COMMONWEALTH OF KENTUCKY OPINION AFFIRMING

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

RENDERED: September 22, 2000; 2:00 p.m. NOT TO BE PUBLISHED NO CA MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

RENDERED: AUGUST 21, 2015; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO CA MR

Commonwealth Of Kentucky. Court Of Appeals. RENDERED: January 10, 2003; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR

Commonwealth of Kentucky Court of Appeals

Missouri Court of Appeals Western District

Commonwealth of Kentucky Court of Appeals

RENDERED: May 25, 2001; 10:00 a.m. NOT TO BE PUBLISHED. NO CA MR and NO CA MR COMMONWEALTH OF KENTUCKY

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky. Court of Appeals

In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Thursday the 31st day of August, 2017.

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky. Court of Appeals

2017-SC MR AFFIRMING

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky. Court of Appeals

Commonwealth of Kentucky Court of Appeals

No. 46,814-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs January 13, 2009

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. : O P I N I O N - vs - 7/15/2013 :

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED OF FLORIDA

Commonwealth Of Kentucky. Court of Appeals

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 13, 2009

I N T H E COURT OF APPEALS OF INDIANA

Commonwealth of Kentucky Court of Appeals

***Please see Nunc Pro Tunc Entry at 2003-Ohio-826.*** IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT PICKAWAY COUNTY APPEARANCES

STATE OF OHIO ALLEN RICHARDSON

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky Court of Appeals

ATTORNEY FOR APPELLEE I N T H E COURT OF APPEALS OF INDIANA. Case Summary. A felony voluntary manslaughter. His convictions and sentence were affirmed

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Follow this and additional works at:

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS. Division I Opinion by JUDGE ROMÁN Taubman and Fox, JJ., concur

2018COA181. A division of the court of appeals considers whether, when a. felony case is commenced in county court pursuant to section 16-5-

STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT

Third District Court of Appeal State of Florida

Commonwealth of Kentucky Court of Appeals

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF MICHIGAN COURT OF APPEALS

PUBLISHED OPINIONS KENTUCKY COURT OF APPEALS SEPTEMBER 1, 2015 to SEPTEMBER 30, 2015

Court of Appeals of Ohio

Commonwealth of Kentucky Court of Appeals

Appeal from the PCRA Order June 20, 2001 In the Court of Common Pleas of York County Criminal, No. 977 CA 1985

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No Plaintiff-Appellee : JOURNAL ENTRY. vs. : AND

Commonwealth Of Kentucky Court of Appeals

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs September 25, 2001

IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT. Plaintiff-Appellee, : No. 11AP-1123 v. : (C.P.C. No. 05CR-2681)

Commonwealth of Kentucky Court of Appeals

C ommonwealth Of K entucky. Court Of A ppeals. RENDERED: NOVEMBER 9, 2001; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR

Commonwealth of Kentucky Court of Appeals

COURT OF APPEALS OF VIRGINIA. PERNELL JEFFERSON OPINION BY v Record No JUDGE NELSON T. OVERTON DECEMBER 31, 1996 COMMONWEALTH OF VIRGINIA

Commonwealth of Kentucky Court of Appeals

Court of Appeals of Ohio

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

7 of 63 DOCUMENTS COMMONWEALTH OF KENTUCKY, APPELLANT V. JONATHON SHANE MCMANUS AND ADAM LEVI KEISTER, APPELLEES 2001-SC-0312-DG

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D10-443

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Case: Document: 4-1 Filed: 07/08/2018 Page: 1. No In the United States Court of Appeals for the Sixth Circuit

No. 102,677 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, BRIAN MILLER, Appellant. SYLLABUS BY THE COURT

RENDERED: October 17, 1997; 2:00 p.m. NOT TO BE PUBLISHED NO. 97-CA-0560-MR

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE NOVEMBER 1997 SESSION

Commonwealth Of Kentucky. Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals

Commonwealth Of Kentucky. Court of Appeals

IN THE SUPREME COURT OF THE STATE OF DELAWARE. Defendant Below, Appellant, Nos. 516 and 525, 2000

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2004

Transcription:

RENDERED: MARCH 31, 2006; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth Of Kentucky Court of Appeals NO. 2004-CA-002192-MR GLEN LEE BEARD APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE STEPHEN P. RYAN, JUDGE CIVIL ACTION NO. 92-CR-001999 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: GUIDUGLI AND JOHNSON, JUDGES; HUDDLESTON, SENIOR JUDGE. 1 HUDDLESTON, SENIOR JUDGE: On the evening of September 8, 1992, in Louisville, Kentucky, Glen Lee Beard shot and killed his estranged wife. He then went to her home, found his two daughters and shot them both in the head, leaving them for dead. After the shootings, Beard was quickly arrested. Within twenty- 1 Senior Judge Joseph R. Huddleston sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.

four hours of the shootings, a psychologist interviewed Beard in jail for approximately an hour and a half. In a report, the psychologist indicated that Beard understood the proceedings against him. On September 14, 1992, Beard was charged in an indictment with one count of murder, two counts of assault in the first degree, one count of attempted murder and one count of burglary in the first degree. On September 15, 1992, Beard pled guilty to all charges in Jefferson Circuit Court and was sentenced to a total of 150 years in prison. On June 18, 1997, Beard filed a motion, pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42, to vacate the judgment finding him guilty and sentencing him to prison. In his motion, Beard alleged that he had been incompetent at the time he pleaded guilty and that his trial counsel knew this. According to Beard, his trial counsel rendered ineffective assistance by failing to request a competency hearing. The circuit court denied Beard s RCr 11.42 motion, and, in 1997-CA- 002171-MR, an unpublished opinion, this Court affirmed the circuit court s decision. On May 17, 1999, Beard moved to vacate the judgment and sentence pursuant to the Kentucky Rules of Civil Procedure (CR) 60.02. In his 1999 motion, Beard argued, among other things, that he had been incompetent in 1992 when he pleaded guilty. Thus, he insisted, his plea was involuntary. The -2-

circuit court denied this motion as well. On appeal, this Court again affirmed the circuit court s decision. On July 19, 2004, Beard filed a second CR 60.02 motion for relief once again arguing that he had not been competent when he pleaded guilty. As a consequence, he contended, he was entitled to a retrospective competency hearing. The circuit court again denied Beard s motion, and, once more, he has appealed to this Court. On appeal, Beard points out that, in this Court s opinion in Beard v. Commonwealth, 1997-CA-002171-MR, we said that at the sentencing hearing, Beard appeared distraught. Focusing on this, Beard argues that the word distraught means crazed or insane. So since this Court said he was distraught, Beard maintains that he was insane, and if he was insane, then he was obviously incompetent. Beard insists that, in 1997-CA-002171-MR, this Court determined that he was insane. What is more, not only does he claim this Court found that he was insane, he insists that we held that he had, in fact, been incompetent to stand trial. Since he was incompetent, his guilty plea was not voluntary. In this Commonwealth, there exists a definite sequence for a criminal defendant to follow in order to challenge a judgment of conviction. First, the defendant may directly appeal to an appellate court. If unsuccessful, he may file with -3-

the circuit court a motion to vacate the judgment and sentence pursuant to RCr 11.42 in which he may assert that his counsel rendered ineffective assistance. If that motion is denied, a defendant may then file a CR 60.02 motion 2 in which he can only raise issues that could not have been raised by direct appeal or in an RCr 11.42 motion. 3 The disposition of a CR 60.02 motion is within the sound discretion of the circuit court. 4 In Beard v. Commonwealth, 1997-CA-002171-MR, this Court stated unequivocally: True enough, RCr 8.06 provides that [i]f upon arraignment or during the proceedings there are reasonable grounds to believe that the defendant lacks the capacity to appreciate the nature and consequences of the proceedings against him, or to participate rationally in his defense, all proceedings shall be postponed until the issue of incapacity is determined as provided by KRS 504.100. Here, however, the record contradicts the notion that there were reasonable grounds for trial counsel to question appellant s competency. The record shows that within twenty-four hours of the shooting, appellant met for one and one-half hours with a psychologist who later indicated that appellant was able to understand what was going on. Moreover, the videotape of the sentencing hearing shows that appellant acknowledged that he understood the charges, his rights and the judge s statements, and that although he was distraught there was no sign that he was incompetent. Because appellant has failed 2 3 4 Gross v. Commonwealth, 648 S.W.2d 853, 856 (Ky. 1983). Id. Id. at 857. -4-

to identify any objective evidence of incompetency, we find no basis for concluding that his counsel provided ineffective assistance by failing to request a competency hearing. Beard has raised the issue of competency in both his RCr 11.42 motion and in his first CR 60.02 motion. Since he properly raised this issue in his RCr 11.42 motion, he was not entitled to raise it again in his two CR 60.02 motions. 5 Furthermore, the test of competency is whether a criminal defendant has the substantial capacity to understand the nature and consequences of the proceedings pending against him and to reasonably participate in his defense. 6 Given this definition, the fact that Beard was distraught during the sentencing hearing simply does not prove that he was incompetent. Thus, the circuit court did not abuse its discretion when it denied Beard s second CR 60.02 motion. The order denying Beard s CR 60.02 motion is affirmed. ALL CONCUR. BRIEF FOR APPELLANT: Glen L. Beard, pro se LaGrange, Kentucky BRIEF FOR APPELLEE: Gregory D. Stumbo Attorney General of Kentucky Robert E. Prather Assistant Attorney General Frankfort, Kentucky 5 6 Id. Dunn v. Commonwealth, 573 S.W.2d 651, 655 (Ky. 1978). -5-