Armstead v. State
Armstead v. State
Opinion of the Court
Appellant Craig Armstead was convicted of murder, aggravated assault, possession of a weapon during the commission of a crime, and unlawful eavesdropping and surveillance, all of which were crimes he committed in his workplace, including the stabbing death of his co-worker Kerri Harris.
At trial, it was shown appellant had previously been convicted of manslaughter in the early 1990s in New Jersey for killing an ex-girlfriend by hitting her with a hammer and strangling her to death. Appellant was released from prison in 1999 and relocated to Georgia shortly thereafter. In 2000, appellant was convicted in Georgia and received a one-year sentence for watching a woman in a public restroom. After serving that sentence, he began working at the employer at whose workplace he committed the crimes at issue. Appellant’s defense at trial was that he was not guilty by reason of insanity because he was operating under a delusional compulsion. Specifically, appellant’s expert psychologist Dr. Eugene Emory testified appellant suffered from intermittent psychosis and, at the time he killed the victim, was operating under a delusional compulsion that the victim was a bad person who needed to be eliminated.
1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of the crimes for which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SCt 2781, 61 LE2d 560) (1979); Alvelo v. State, 290 Ga. 609 (3) (724 SE2d 377) (2012).
2. As his sole enumeration of error, appellant contends the trial court erred when it denied his motion in limine and allowed Dr. William Brickhouse, Director of Mental Health at the DeKalb County Jail, to testify at trial. The facts show appellant was given a mental health evaluation shortly after his booking into the jail. Because he was “behaving bizarrely” and expressed suicidal ideation, he was housed on a psychiatric ward inside the jail to be further evaluated by Dr. Brickhouse and his staff. Appellant was eventually released into the general prison population, but continued to be monitored and evaluated by Dr. Brickhouse and approximately six psychiatrists during his pretrial incarceration spanning just over two years from June 2008 to July 2010. On August 4, 2010, appellant filed notice of his intent to plead not guilty by reason of insanity. Two days later, the State obtained appellant’s jail mental health records by subpoena. On August 17, 2010, appellant filed a motion in limine seeking to exclude Dr. Brickhouse’s testimony and portions of the testimony of the court-appointed psychologist Dr. Pamela Eilender that were
(a) This Court has held that Georgia citizens enjoy a state constitutional right of privacy to their medical records. King v. State, 272 Ga. 788, 790 (535 SE2d 492) (2000). In addition, the Georgia legislature has created statutory privileges prohibiting the disclosure of confidential communications between a patient and his psychiatrist, psychologist, or other similar mental healthcare professional. OCGA §§ 24-9-21 (2012)
(b) Under these circumstances, appellant also cannot show any violation of the Fourth Amendment’s prohibition against unlawful searches and seizures. Pretrial detainees have a substantially diminished expectation of privacy for purposes of the Fourth Amendment. State v. Henderson, 271 Ga. 264 (2) (517 SE2d 61) (1999). In a prison setting, the maintenance of “institutional security and internal order” take precedent over any expectation of privacy concerning an incarcerated individual. Id. at 265. Here, the facts show appellant did not initiate any treatment from Dr. Brickhouse and his staff for mental illness. Rather, upon his arrest appellant was initially subject to a mental health screen in accordance with jail protocol and soon thereafter was placed on the jail’s psychiatric ward and put on a suicide watch because he was “behaving bizarrely.” After appellant was placed in the general prison population, Dr. Brickhouse and his staff continued to monitor and meet with appellant because appellant
Judgment affirmed.
The crimes took place between 2006 and June 26,2008, the date on which appellant killed the victim. On September 15,2008, a DeKalb County grand jury indicted appellant on charges of malice murder, felony murder, aggravated assault (deadly weapon), aggravated assault (causing serious bodily injury), one count of possession of a weapon during the commission of a crime, and eighteen counts of unlawful eavesdropping and surveillance. Appellant was tried before a jury from August 16, 2010, to August 27, 2010, with the jury returning a verdict of guilty on all charges. On September 7,2010, the trial court sentenced appellant to life for malice murder, five years to be served concurrently for possession of a weapon during the commission of a crime, and 60 years to he served consecutively for unlawful eavesdropping and surveillance. The felony murder count was vacated as a matter of law and the aggravated assault counts merged as a matter of fact into the malice murder conviction. Appellant timely filed a motion for new trial on October 6, 2010, and amended it on February 21, 2012. On February 28, 2012, the trial court held a hearing on the motion for new trial and denied it on March 6, 2012. Appellant filed a notice of appeal on April 4, 2012, and the case was docketed to the January 2013 term of this Court for a decision to he made on the briefs.
On appeal, appellant is no longer challenging Dr. Eilender’s trial testimony.
At the time appellant was tried, OCGA § 24-9-21 provided in relevant part:
There are certain admissions and communications excluded on grounds of public policy. Among these are: . . .
(5) Communications between psychiatrist and patient;
(6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16;
(7) Communications between patient and a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor during the psychotherapeutic relationship; and
(8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient’s communications which are otherwise privileged by paragraph (5), (6), or (7) of this Code section.
As used in this Code section, the term “psychotherapeutic relationship” means the relationship which arises between a patient and a licensed clinical social worker, a clinical nurse specialist in psychiatric/mental health, a licensed marriage and family therapist, or a licensed professional counselor using psychotherapeutic techniques as defined in Code Section 43-10A-3 and the term “psychotherapy means the employment of “psychotherapeutic techniques.”
As of January 1, 2013, OCGA § 24-9-21 was repealed and is now codified at OCGA § 24-5-501.
OCGA § 43-39-16 provides: “The confidential relations and communications between a licensed psychologist and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this chapter shall he construed to require any such privileged communication to he disclosed.”
We note that King, supra, did not involve a circumstance where the accused had affirmatively placed her medical condition at issue in a criminal proceeding or otherwise waived her right of privacy and we declined to make a ruling on the efficacy of the State’s using a
As of January 1,2013, OCGA § 24-9-40 wasrepealedandisnowcodifiedat OCGA § 24-12-1.
Dr. Brickhouse and his staff concluded appellant was malingering in order to improve his housing situation and/or to effect to his benefit the criminal charges pending against him.
That is, Dr. Brickhouse’s actions, and that of his staff, were not for the sole purpose of gaining information for the prosecution. See State v. Henderson, supra, 271 Ga. at 267-268 (pretrial detainee is protected from unreasonable search and seizure when the search is for the purpose of obtaining incriminating evidence rather than a concern for legitimate prison objectives of safety and security).
Reference
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- ARMSTEAD v. State
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