Appellant Madonna Whitus was charged with the malice murder of Kathie Durant and other offenses. Based upon an initial psychiatric assessment, the trial court ordered that Appellant “be subjected to a full psychiatric assessment and evaluation at the public expense addressing” her competence to stand trial and the degree of her mental competence at the time of the crimes. After further psychiatric evaluation pursuant to that order, Dr. Matthew W. Norman reported that, in his opinion with a reasonable degree of medical certainty, Appellant was competent to stand trial and, at the time of the alleged offenses, she had the mental capacity to distinguish right from wrong and was not laboring under a delusional compulsion, although she was suffering from borderline personality disorder and possibly bipolar disorder. After a jury trial, Appellant was found guilty of all offenses with which she was charged. The trial court entered judgments of conviction and sentenced Appellant to life imprisonment for murder and to various terms of years for exploitation of a disabled adult, concealing the death of another, and two counts of identity fraud. Appellant appeals after the denial of a motion for new trial. 1. Construed most strongly in support of the verdicts, the evidence shows that, at the request of Father Eugene Barrette, the victim permitted Appellant to come live with her in her townhouse because Appellant was homeless. After the victim told Appellant that her cats would have to stay outside, the victim’s dog disappeared. The victim required Appellant to move out, but soon allowed her to move back in, although the victim would complain about Appellant’s bad temper. Appellant would yell and curse at the victim, and threw away pictures which the victim had displayed in her home. In online communications found on a computer in Appellant’s bedroom, she threatened to kill the victim and later asked what medications would make her “chill out.”
Appellant began to use the victim’s debit and credit cards and, on November 15, 2007, a police officer found that Appellant was in possession of the victim’s social security card, driver’s license, and three checks made out to the victim, including a forged signature and misspelling of her name. During the week prior to the victim’s death, Appellant extensively used the victim’s debit and credit cards for Appellant’s own personal purchases. Appellant obtained a prescription for doxepin, ordered that drug online, and possessed bottles thereof. Doxepin was not prescribed for the victim, as it would have been too dangerous due to her heart condition.
