Hastings v. Yukins, Civ.01-CV-7136-DT.

194 F.Supp.2d 659

Regina Ann HASTINGS, Petitioner, v. Joan YUKINS, Respondent.

No. Civ.01-CV-7136-DT.

United States District Court, E.D. Michigan, Southern Division.

March 8, 2002.

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Regina Hastings, Scott Correctional Facility, Plymouth, MI, pro se.

Brenda E. Turner, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, MI, for respondent.

OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

CLELAND, District Judge.

Regina Ann Hastings, ("petitioner"), presently incarcerated at the Scott Correctional Facility in Plymouth, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In her pro se application, petitioner challenges her conviction for one count of second degree murder.¹ For the reasons stated below, the petition for writ of habeas corpus will be denied.

I. BACKGROUND

Petitioner was originally charged with one count of open murder, which arose out of the stabbing death of her husband in Fort Gratiot, Michigan on July 16, 1997.²

Immediately after her arrest, petitioner was interviewed by mental health officials from the St. Clair County Community Mental Health Services. Petitioner told these officials that she was suffering from auditory hallucinations which were telling her to kill herself. Petitioner's Global Assessment of Functioning (GAF Scale), as defined by the Diagnostic and Statistical Manual Of Mental Disorders-IV (DSM-IV), was noted as 25 out of a scale ranging from 0-100. According to the DSM-IV, this GAF level indicated that petitioner's behavior was "considerably influenced by delusions or hallucinations or serious impairment in communication or judgment or inability to function in almost all areas." A report from the Port Huron Hospital Emergency Center dated July 25, 1997 indicates that petitioner was complaining of auditory hallucinations which were commanding her to hurt herself and to hurt other people. At the time of this interview, petitioner denied any homicidal ideation, but claimed that she was hearing voices and seeing "shadow-like people-demons-spots of things." Petitioner was diagnosed as having paranoid schizophrenia with suicidal ideation. Petitioner agreed to voluntarily commit herself and was placed in the Caro Regional Center on July 25, 1997. On August 19, 1997, she was transferred to the Center for Forensic Psychiatry.³

The psychiatric admission summary from the Center for Forensic Psychiatry, dated August 19, 1997 indicated that petitioner cooperated with her interview. Although she was aware that she was charged with murder, petitioner declined to discuss the case, informing the forensic examiner that her attorney advised her not to say anything. When asked if it was her criminal defense attorney who so advised her, she said that it was not. Petitioner advised the forensic examiner that she had a history of mental illness. Petitioner informed the examiner that she had been in a deep depression prior to the murder and had attempted suicide in March of 1997 by taking an overdose of Paxil and Risperdal, two psychotropic medications that had been prescribed to her. Petitioner told the forensic examiner that voices inside her head had told her to kill herself. She also experienced visual hallucinations in the form of "shadow like people." Petitioner denied homicidal ideations at the time of this interview. The admission summary included a clinical diagnosis of Major Depressive Disorder, Single Episode, Severe with Psychiatric Features.⁴

The admission summary also detailed petitioner's history of mental illness based on several admission reports that the Forensic Center had received from Port Huron Hospital and Blue Water Mental Health Clinic. These reports confirmed that petitioner had attempted to commit suicide, had been diagnosed with a major depressive episode, and had been placed on 20 mg of Paxil and 1 mg of Risperdal. The reports also indicated that petitioner had complained of auditory hallucinations. IQ tests indicated that petitioner had a full scale IQ of 73, with a verbal IQ of 68 and a performance IQ of 80. Petitioner's GAF Scale was noted as 40 out of a scale ranging from 0-100 in a test performed on March 25, 1997.⁵

Petitioner remained in the Forensic Center for Psychiatry for several months until a determination was made that she was mentally competent to stand trial. On December 4, 1997, a preliminary examination was conducted, after which petitioner was bound over for trial. Petitioner was subsequently referred back to the Forensic Center for a culpability determination. On May 6, 1998, the Forensic Center for Psychiatry issued a report which opined that petitioner met the statutory criteria for legal insanity at the time of the murder. The forensic examiners based this conclusion on petitioner's history of mental illness, along with the fact that she informed the examiners that she had auditory command hallucinations at the time of the murder which told her to kill her husband. The forensic examiners also noted that petitioner had not been taking her medications for two weeks prior to the killing.⁶ The St. Clair County Prosecutor's Office sought a second forensic opinion from Dr. Charles Clark, who opined that petitioner was not legally insane at the time of the murder.

On October 8, 1998, petitioner pleaded guilty but mentally ill to second degree murder, in exchange for which the St. Clair County Prosecutor agreed to dismiss the open murder charge against petitioner. Petitioner's counsel indicated that this was the extent of the plea agreement and further indicated that he had met with petitioner on numerous occasions to discuss the case. Counsel indicated that he had filed a notice of insanity in this case and had discussed with petitioner the possibility of raising this defense at trial. Significantly, counsel mentioned that he had known petitioner for over a year and was comfortable with her mental competence to reflect on the matter and enter into the plea agreement. In talking with petitioner, counsel indicated that he was comfortable that she understood her rights and possible defenses in this case.⁷

Prior to accepting the plea, the trial court explained to petitioner that no one could promise her what her sentence would be. The trial court further advised petitioner that he would not accept a guilty plea if it was conditioned upon a specific sentence and informed petitioner that she would not be permitted to withdraw her plea simply because the sentence she received was different from what someone suggested her sentence might be. In response, petitioner indicated that she understood what the trial court was saying. Petitioner was advised that the maximum sentence that she could receive for the crime of second degree murder would be life in prison. Responding to questions from the court, petitioner denied that any other promises had been made to her other than what had been detailed in the plea agreement.⁸

The trial court also advised petitioner of the rights that she would be giving up by pleading guilty. Petitioner indicated that she understood the rights that she was waiving by entering her plea of guilty. The trial court specifically asked petitioner if she had any difficulty hearing or understanding what had taken place in court that day. Petitioner replied that she didn't think so. The trial court also asked if petitioner believed that there was anything about the plea, in terms of threats or promises, that she should make the court aware of. Petitioner indicated that there were not.⁹ Defense counsel assisted petitioner with the factual basis by asking her if petitioner had taken a knife and stabbed her husband in the chest with the intent to do great bodily harm, which lead to his death. Petitioner responded affirmatively to these questions.¹⁰

On November 11, 1998, petitioner was sentenced to fifteen to thirty years in prison.¹¹ Petitioner's guidelines range under the Michigan Sentencing Guidelines was ninety-six to three hundred months, or eight to twenty five years.¹²

Petitioner subsequently moved to withdraw her plea of guilty on the grounds of leniency promised by defense counsel and lack of mental competency to enter the plea. Evidentiary hearings were held on petitioner's motion on August 12, 1999 and September 16, 1999. Petitioner's trial counsel testified that he had numerous contacts with petitioner during her criminal case. Trial counsel indicated that before petitioner had received psychiatric treatment at the Forensic Center and a determination had been made that petitioner was competent to stand trial, he was unable to get the assistance of, or communicate with petitioner. Counsel indicated that after petitioner was found competent to stand trial, she was able to assist in her defense and communicate with counsel. Counsel was aware that petitioner had been hearing voices and had been taking medication while at the St. Clair County Jail. Counsel indicated that initially the voices that petitioner heard were very strong, subsided after mental health treatment, and began to come back after petitioner was again incarcerated at the county jail. Counsel was not aware of any treatment or counseling that petitioner was receiving in the county jail. Counsel confirmed that petitioner always had these voices with her, although the medication controlled them to a certain degree. Nonetheless, it was counsel's opinion that petitioner was mentally competent at the time that she pleaded guilty.¹³

When asked about a sentence agreement that petitioner might have believed existed, counsel admitted that they had spoken about sentencing ranges and possible sentences and acknowledged that in general terms, petitioner could have believed that he told her that there was a potential for her to receive a sentence of eight to ten years. Counsel admitted preparing a sentence brief, in which he asked the trial court to...