List v. State

Per Curiam: Elizabeth Adele List, the petitioner in this case, was indicted by a Harford County grand jury for the burning or attempted burning of a diner located in Bel Air, Maryland. Prior to her trial in the circuit court for that county the assigned public defender filed on October 4, 1972, the following special plea on behalf of Miss List but without her knowledge or consent: “1. That she was insane at the time of the commission of the alleged crime in that she lacked substantial capacity either to appreciate the criminality of her conduct or to conform her conduct to the requirements of law as the result of mental disease or defect. “2. That she is now incompetent to stand trial.” Upon the filing of this plea, Judge Albert Close, as prescribed by the provisions of Maryland Code (1957, 1972 Repl.

Vol.), Art. 59, §§23 et seq., ordered that the defendant be referred to the Department of Mental Hygiene for a psychiatric examination (to be conducted at Spring Grove State Hospital) to determine whether Miss List “was insane at the time of the commission of the alleged crime” and whether she “is presently able to understand the nature or the object of the proceeding against her or to assist in her defense.” Following this request examination, the acting superintendent of the hospital advised the court by a letter dated November 8, 1972, that in the opinion of the staff, 'Miss List ■ “is insane and not responsible. She is, however, competent for trial; she understands the object of the proceeding against her and is able to assist in her defense. ³⁶⁹ “Our diagnosis is” Schizophrenia, Paranoid Type (a form of psychosis or insanity). “Presumably, she was insane at the time of the alleged offense on April 17, 1972. She consistently denies the charges, however, and insists that witnesses can attest to her innocence.” At her initial appearance before Judge Close after being released from Spring Grove, Miss List entered a plea of not guilty generally and requested the court to permit her to withdraw the special plea because it was filed by the assistant public defender without her knowledge or consent and remained in effect against her express wishes. Despite petitioner’s continuing insistence that the special plea be withdrawn, her attorney refused to acquiesce since he thought that it was his “duty to file a plea of not guilty by reason of insanity whether she likes it or not.” Following this colloquy between Miss List and her attorney, the court denied the defendant’s request to withdraw the plea although it concluded that she was competent to stand trial.

At the non-jury trial which then ensued on November 29, 1972, the judge found her not guilty by reason of insanity. As a result of this verdict, Miss List was committed to the Department of Mental Hygiene (Art. 59, § 27) for examination and evaluation