Melvin Geary

Case record: Melvin Geary

People

• Melvin Joseph Geary — appellant; defendant; convicted of first degree murder with the use of a deadly weapon and sentenced to death; convicted of earlier murder in 1973 and sentenced to serve life in prison without the possibility of parole; later paroled; convicted again for a 1992 killing and sentenced to death
• Edward Colvin — victim in the 1992 murder; roommate of Geary; a retired recovered alcoholic who provided help to people who were down on their luck; died from stab wounds to his face and neck and from inhalation of blood
• Annette Morris — victim in the 1974 murder referenced in the case; murdered in February 1973 by stabbing while Geary was under the influence of alcohol; convicted and sentenced to serve life in prison without the possibility of parole; sentence commuted by the Pardons Board to life in prison with the possibility of parole
• Steve Gregory — public defender; unsuccessfully asked for a mishearing
• Egan Walker — Deputy District Attorney; stated that Geary had chosen death
• Margaret Springgate — District Judge
• Glen Whorton — prison spokesman
• Michael R. Specchio — Public Defender; counsel for appellant
• John Reese Petty — Chief Deputy Public Defender; counsel for appellant
• Frankie Sue Del Papa — Attorney General; counsel for respondent
• Richard A. Gammick — District Attorney; counsel for respondent
• Terrence P. McCarthy — Deputy District Attorney; counsel for respondent
• A. William Maupin — Justice; voluntarily recused himself from the decision of this matter

Timeline

• February 1973 — Geary murdered Annette Morris by stabbing her while he was under the influence of alcohol.
• March 1986 — Geary was paroled after serving thirteen years.
• 1973 — Geary was convicted for the murder of Annette Morris and sentenced to serve life in prison without the possibility of parole.
• July 1992 — Geary was homeless, jobless, and drinking constantly; he met a man who referred him to Edward Theodore Colvin.
• 1992 — Geary stabbed Edward Colvin repeatedly in a drunken rage after Colvin spoke harshly to him; Colvin died from stab wounds to his face and neck and from inhalation of blood.
• October 29, 1997 — A jury deliberated about four hours before choosing death for Melvin Geary.
• October 1998 — A second penalty hearing was conducted; another jury returned a sentence of death.
• 1990 — Geary resumed drinking alcohol and lost each of his jobs as a chef for various Sparks casinos.
• 1993 — A jury found appellant Melvin Joseph Geary guilty of first degree murder with the use of a deadly weapon and sentenced him to death; the conviction was affirmed and the death sentence was reversed.
• 1996 — The death sentence was vacated and remanded for a new penalty hearing.
• 1998 — Geary appealed unsuccessfully to the Nevada Supreme Court and U.S. Supreme Court.
• February 17, 1999 — The court issued an order outlining the proper procedure when a defendant sentenced to death wishes to waive his appellate rights.
• April 26, 1999 — Opinion issued by the Court En Banc.
• May 28, 2002 — Geary died in prison after suffering a stroke.

Background

Geary was convicted in February 1973 for the murder of Annette Morris by stabbing her while he was under the influence of alcohol. A jury convicted him and he was sentenced to serve life in prison without the possibility of parole. The Pardons Board commuted his sentence to life in prison with the possibility of parole. After serving thirteen years, Geary was paroled in March 1986. In 1990, Geary resumed drinking alcohol and lost each of his jobs as a chef for various Sparks casinos. By July 1992, Geary was homeless, jobless, and drinking constantly.

Geary faced death based on a later murder involving Edward Colvin. A Washoe District Court jury deliberated about four hours before choosing death for Geary. His public defender, Steve Gregory, asked unsuccessfully for a mishearing because Deputy District Attorney Egan Walker said Geary had chosen death. District Judge Margaret Springgate rejected the motion, and Gregory said he would appeal.

Geary previously served 13 years of a life sentence for the stabbing death of a Las Vegas woman in 1973. He was freed after the state Parole Board commuted his sentence from life without parole to life with parole. Geary was paroled from that sentence, but each time he was arrested for drinking and imprisoned again. After serving a total of 13 years, he was paroled a fourth time and a month later was arrested for Colvin's murder.

The offence

1973 murder of Annette Morris

In February 1973, Geary murdered Annette Morris by stabbing her while he was under the influence of alcohol.

1992 murder of Edward Colvin

In July 1992, Geary was homeless, jobless, and drinking constantly. He met a man who referred him to Edward Theodore Colvin. Colvin was a retired recovered alcoholic who provided help to people who were down on their luck, and he gave Geary a place to live until he got on his feet again.

Geary lived with Colvin for only a few days when, in a drunken rage, Geary stabbed Colvin repeatedly after Colvin spoke harshly in an effort to motivate Geary to take control of his life. Colvin died as a result of stab wounds to his face and neck and from inhalation of blood (Colvin drowned in his own blood). Colvin's money was missing from his pocket. Geary apparently did not remember committing this crime due to an alcoholic blackout, and then called the police a couple of days later after he realized what he had done.

Investigation

Geary called the police a couple of days after the stabbing after he realized what he had done.

Arrest

Geary was arrested for Colvin's murder after he was paroled a fourth time from the sentence for Morris.

Trial

1973 trial and sentencing (as described)

He was convicted of her murder and sentenced to serve life in prison without the possibility of parole.

Conviction leading to death sentence for the 1992 murder

After a jury trial, Geary was convicted of first degree murder with the use of a deadly weapon and was sentenced to death. The aggravating circumstances were:

1. The murder was committed while under a sentence of imprisonment (parole for the Morris murder).
2. The murder was committed by a person previously convicted of another murder.
3. The murder was committed at random and without apparent motive.

The court initially affirmed Geary's conviction and death sentence, then granted rehearing, vacated his death sentence, and remanded for a new penalty hearing.

In October 1998, the second penalty hearing was conducted and the jury returned a sentence of death after determining that the two aggravating circumstances—under a sentence of imprisonment and previously committed another murder—were not outweighed by any mitigating circumstances.

Geary subsequently informed the district court that he wanted to waive his direct appeal. The district court concluded that Geary was competent to make such a decision, and an automatic appeal followed.

Waiver of appeal and competency findings

NRS 177.055(1) provided, “When upon a plea of not guilty a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.”

To waive the automatic right to an appeal from a death sentence, the defendant had to show that the decision was “intelligently made and with full comprehension of its ramifications.” The opinion referenced:

• Cole v. State, 101 Nev. 585, 588, 707 P.2d 545, 547 (1985) (waiver requirement)
• Gilmore v. Utah, 429 U.S. 1012, 97 S.Ct. 436, 50 L.Ed.2d 632, reh’g denied, 429 U.S. 1030, 97 S.Ct. 655, 50 L.Ed.2d 636 (1976) (waiver must be made knowingly and intelligently by a defendant competent to make the rational choice to forgo further, and possibly life-saving, litigation)

Before accepting the waiver, the district court had to conduct a hearing to determine competence. The test for competence was:

1. Whether the defendant had sufficient present ability to consult with his or her attorney with a reasonable degree of factual understanding.
2. Whether the defendant had a rational and factual understanding of the proceedings.

The district court entered formal written findings of fact that Geary was competent and validly waived his right to appeal his death sentence. Both Geary and his attorney informed the district court that they communicated extensively about Geary's decision to waive his appeal. Both appointed psychiatrists reported that Geary understood the proceedings. The district court canvassed Geary about his decision, ensured that he understood the ramifications, and concluded that he was competent to waive his direct appeal.

The opinion stated that Geary and neither his defense attorneys disputed the district court’s findings.

Sentencing

1973 sentence

Geary received a life sentence for the stabbing death of Annette Morris in 1973. The sentence was life in prison without the possibility of parole.

The Pardons Board later commuted the sentence to life in prison with the possibility of parole. Geary was paroled in March 1986 after serving thirteen years.

1992-related death sentences and reversals

Geary was sentenced to death by injection for the 1992 stabbing death of roommate Edward Colvin of Reno. The aggravating circumstances listed included the murder committed while under sentence of imprisonment (parole for Morris), prior murder conviction, and that the murder was committed at random and without apparent motive.

The death sentence was reversed by the Nevada Supreme Court, which found an error in the penalty hearing and ordered a new hearing. In 1998, a new Washoe District Court penalty hearing resulted in another death sentence. After that, Geary appealed unsuccessfully to the Nevada Supreme Court and U.S. Supreme Court.

The jury that deliberated in connection with October 29, 1997 chose death for Melvin Geary after deliberating about four hours. Gregory unsuccessfully asked for a mishearing, and Judge Springgate rejected the motion.

Appeals

Geary initially had his conviction and sentence reviewed by the Nevada Supreme Court. The court affirmed his conviction and sentence of death initially, then granted rehearing, vacated his death sentence, and remanded for a new penalty hearing. The opinion referenced:

• Geary v. State, 110 Nev. 261, 871 P.2d 927 (1994) (Geary I )
• Geary v. State, 112 Nev. 1434, 930 P.2d 719 (1996) (Geary II )
• Geary v. State, 114 Nev. 100, 952 P.2d 431 (1998) (Geary III )

The opinion stated that the “random and without apparent motive” aggravating circumstance was held to be inapplicable in the case, and that some penalty phase jury instructions were improper.

After the October 1998 penalty hearing, Geary waived his direct appeal after a district court determined he was competent to do so. The district court ordered that the Public Defender's Office represent Geary through the appellate proceedings; the prosecutor did not object.

The opinion stated that this court had mandatory review required by NRS 177.055(2) despite Geary’s valid waiver of his appeal.

Outcome

The opinion affirmed Geary’s conviction and sentence of death. The court concluded that:

• The evidence supported the aggravating circumstances.
• The death sentence was not imposed under the influence of passion, prejudice, or any arbitrary factor.
• The sentence was not excessive considering the crime and the defendant.

Aftermath

Geary died in prison on May 28, 2002, after suffering a stroke. The opinion described that he died shortly before noon at the High Desert State Prison infirmary north of Las Vegas. It also described that he suffered the stroke last week at Ely State Prison and was taken to University Medical Center in Las Vegas, then sent Saturday to the prison near Indian Springs. Prison spokesman Glen Whorton said:

“His medical situation was serious enough that they didn't expect him to recover. This was essentially expected,” Whorton said.

Other details

The opinion stated that:

• Geary informed the district court that he wanted to waive his direct appeal and that he was competent to make such a decision.
• The court directed counsel to file points and authorities addressing the validity of Geary’s waiver.
• The district court conducted hearings, appointed two psychiatrists to evaluate competency, and issued written findings that Geary was competent and validly waived his right to appeal.
• Both appointed psychiatrists reported Geary understood the proceedings.
• Geary remained steadfast in his desire to forgo his appeal.
• During the penalty assessment described in the opinion, the state presented evidence about the brutal nature of the Colvin murder and about Geary choosing to consume alcohol despite knowing that he becomes violent when drunk, as evidenced by the Morris murder.
• The defense presented evidence that Geary was a model prisoner and had no disciplinary infractions while incarcerated for the Morris murder.
• Testifying for the defense were, among others, numerous prison guards, prison wardens, the prison psychologist for whom Geary worked, and the former dean of the National Judicial College.

The opinion included footnotes:

1. “Having thoroughly reviewed the record in this matter, we conclude that further briefing and oral argument are not warranted.”
2. “The Honorable A. William Maupin, Justice, voluntarily recused himself from the decision of this matter-”