{
  "id": 922708,
  "name": "Darrell HILL v. STATE of Arkansas",
  "name_abbreviation": "Hill v. State",
  "decision_date": "1997-03-24",
  "docket_number": "CR 96-33",
  "first_page": "777",
  "last_page": "778",
  "citations": [
    {
      "type": "official",
      "cite": "327 Ark. 777"
    },
    {
      "type": "parallel",
      "cite": "940 S.W.2d 487"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "323 Ark. 796",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1445679
      ],
      "weight": 2,
      "year": 1996,
      "opinion_index": 0,
      "case_paths": [
        "/ark/323/0796-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T16:50:41.435320+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Darrell HILL v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nDarrell Hill was convicted of capital murder and sentenced to death. Mr. Hill moved to withdraw the appeal of his conviction. We remanded the case to the Montgomery Circuit Court to determine whether Mr. Hill, was knowingly and intelligently waiving his right to appeal. Hill v. State, 323 Ark. 796, 917 S.W.2d 537 (1996).\nThe Circuit Court ordered a psychiatric examination to be done by State Hospital personnel for the purpose of determining Mr. Hill\u2019s capacity to make a rational choice with respect to continuing or abandoning his appeal.\nIn a letter of September 23, 1996, Dr. O. Wendell Hall, III, Forensic Medical Director of the Division of Mental Health Services of the Arkansas Department of Human Services, and Dr. Susan C. Doi, Forensic Staff Psychologist, reported to the Circuit Court that they had visited with Mr. Hill at the penitentiary for the purpose of evaluating him in response to the Court\u2019s request. They reported that Mr. Hill refused to participate in the eval\u00faation on the ground that Mr. Hill thought he was to be transported to the State Hospital where he would remain for thirty days for the purpose of the evaluation. He characterized their visit with him at the prison as a \u201cdrive by\u201d evaluation in which he would not cooperate. The doctors\u2019 letter reviews records of previous mental evaluations of Mr. Hill and declares:\nAlthough a full evaluation could not be completed with Mr. Hill, it is the examiners\u2019 conclusion his decision not to participate was voluntary and not the result of mental disease or defect. Thus, it is our opinion Mr. Hill has the ability to take part in a competencuy evaluation, should he so choose. As there is no evidence to preclude him from being found competent to continue or abandon further litigation of the death sentence, our opinion is Mr. Hill is competent to appreciate his position in this matter and to make a rational choice with respect to waiving his rights of appeal on the death sentence.\nMr. Hill\u2019s counsel, by letter to the Circuit Court of January 28, 1997,' stated, \u201cSince the State Hospital will not abide by the Court Order, the only choice that the Court has at this time is to enter an Order showing that the State Hospital failed to abide by the Court\u2019s Order and dissolving the writ of certiorari and proceeding with the appeal.\u201d\nIn response to the State\u2019s motion to dissolve the writ, Mr. Hill\u2019s counsel on behalf of Mr. Hill states that the writ should be dissolved and \u201c. . .let the Defendant decide whether to appeal in this matter.\u201d\nIn view of Mr. Hill\u2019s refusal to be evaluated and the consequent lack of a full mental evaluation to inform the Circuit Court\u2019s inquiry into Mr. Hill\u2019s capacity to waive his appeal knowingly and intelligently, we decline to honor his request to waive the appeal.\nThe motion to dissolve the writ of certiorari is granted. The appeal will proceed with the Clerk of this Court to establish the briefing schedule.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Montgomery, Adams & Wyatt, PLC, by: Dale E. Adams, for appellant.",
      "Winston Bryant, Att\u2019y Gen., by: Kent G. Holt, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Darrell HILL v. STATE of Arkansas\nCR 96-33\n940 S.W.2d 487\nSupreme Court of Arkansas\nOpinion delivered March 24, 1997\nMontgomery, Adams & Wyatt, PLC, by: Dale E. Adams, for appellant.\nWinston Bryant, Att\u2019y Gen., by: Kent G. Holt, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0777-01",
  "first_page_order": 811,
  "last_page_order": 812
}