Tutor v. State
| Docket Number: | 2005-KA-00495-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Irving, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder - Competency to stand trial - UCCCR 9.06 Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Concurs in Result Only: King, C.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 12-02-2004 Appealed from: Pontotoc County Circuit Court Judge: Thomas J. Gardner Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: JOHN RICHARD YOUNG Case Number: CR 03-031 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Roger L. Tutor |
WILLIAM PRESTON KNIGHT |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Murder - Competency to stand trial - UCCCR 9.06 |
| Summary of the Facts: | Roger Tutor was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Tutor argues that the court erred in finding him competent to stand trial. In order to stand trial, a defendant must be able to understand the proceedings against him, able to communicate rationally with his attorney regarding the proceedings, able to recall relevant facts, able to testify in his own defense if he so chooses, and able to do all of the above in a manner commensurate with the severity of the case. UCCCR 9.06 provides that if the court has reasonable ground to believe that the defendant is incompetent, the court shall order the defendant to undergo a mental examination. After the ordered examination, the court shall conduct a hearing to determine if the defendant is competent to stand trial. These procedures were clearly followed in this case. The court held a competency hearing where it determined that Tutor was, in fact, incompetent to stand trial. Tutor was then committed to a state hospital. Rule 9.06 also addresses the proper procedures that should be followed when a defendant who has been found incompetent to stand trial is later found to be competent. These procedures include a hearing by the court. These procedures were not followed by the court in this case, since no competency hearing was held before trial. However, the error is harmless. The doctors caring for Tutor found that he was competent to stand trial, and sent a letter to that effect to the court. The letter clearly indicated that the doctors found that Tutor understood the proceedings against him and was capable of assisting his attorney in his defense. The court made a finding on the record indicating that it found that Tutor was competent, based both on the letter from his doctors and on the court’s observation of Tutor throughout the trial, including during his testimony on the stand. In addition, Tutor did not object to the lack of a hearing at the trial or request one on his own, nor did he raise the issue of the competency hearing in his motion for a new trial. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
