Calambro Ex Rel. Calambro v. Second Judicial District Court of Nevada

964 P.2d 794, 114 Nev. 961, 1998 Nev. LEXIS 115
CourtNevada Supreme Court
DecidedSeptember 25, 1998
Docket32489, 32496
StatusPublished
Cited by6 cases

This text of 964 P.2d 794 (Calambro Ex Rel. Calambro v. Second Judicial District Court of Nevada) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calambro Ex Rel. Calambro v. Second Judicial District Court of Nevada, 964 P.2d 794, 114 Nev. 961, 1998 Nev. LEXIS 115 (Neb. 1998).

Opinions

[963]*963OPINION

Per Curiam:

Alvaro Calambro (Calambro) faces two death sentences for conviction of two counts of first-degree murder. Lydia Calambro (petitioner), Calambro’s mother, seeks to pursue petitions for habeas relief on his behalf as a “next friend.” We conclude that she has failed to establish standing to do so.

FACTS

Calambro was scheduled to be executed on June 15, 1998. On June 9, 1998, petitioner filed the instant petition on his behalf with this court as a “next friend.” Petitioner also filed a next friend petition with the district court, which denied the petition on June 10, 1998. Petitioner appealed. On June 12, 1998, this court filed an order staying Calambro’s execution and remanding to the district court for an expedited hearing.

Calambro was charged with two counts of first-degree murder for killing Peggy Crawford and Keith Christopher in Reno in January 1994. Calambro initially pleaded guilty to Crawford’s murder and not guilty to Christopher’s. A three-judge panel found Calambro able to reason and tell right from wrong and sentenced him to death for Crawford’s murder. Calambro informed the district court that he wanted to waive his appeal and proceed with his execution. The court concluded that Calambro was competent to waive his right to appeal. Independent counsel was appointed for Calambro. In May 1995, Calambro’s counsel filed in this court a memorandum of points and authorities, stating that Calambro understood his circumstances and the consequences of his actions and had validly waived his appeal. This court concluded that Calambro was competent to waive his appeal and affirmed his conviction and sentence. Calambro v. State, 111 Nev. 1015, 900 P.2d 340 (1995).

In March 1995, Calambro pleaded guilty to the charge of murdering Christopher. At the state’s request, the district court held a competency hearing in January 1996. The court considered testimony by two psychologists who examined Calambro. The court [964]*964expressly asked Calambro’s three defense counsel if they wished to make any motion regarding Calambro’s competency, and they said no. The court addressed Calambro personally and concluded that he was competent. On July 11, 1996, a second three-judge panel sentenced Calambro to death for Christopher’s murder. This court affirmed in Calambro v. State, 114 Nev. 106, 952 P.2d 946 (1998).

In denying the next friend petition on June 10, 1998, the district court concluded that statutory law precluded next friend status; the court did not reach the issue of Calambro’s competency or even address him. On June 12, 1998, this court remanded to the district court for an expedited hearing at which Calambro could speak and petitioner could make an offer of proof regarding Calambro’s competency and her standing as a next friend.

On June 18, 1998, the state provided petitioner with about 250 pages of Nevada Department of Prison (DOP) medical records on Calambro. On June 19, 1998, the state provided petitioner with evaluations of Calambro made by DOP psychologist William Knapp, Ph.D., on May 30 and June 13, 1998. The district court held the expedited hearing on June 22, 1998.

At the hearing, the district court first questioned Calambro.

COURT: ... Do you understand the English language sufficient to understand my questions?
CALAMBRO: Yeah.
COURT: Do you understand that you are about to be put to death?
CALAMBRO: Yeah.
COURT: Do you understand that you’re being put to death due to your conviction on the charge of murder?
CALAMBRO: Yeah.
COURT: Do you understand that it is possible for you to challenge your conviction and sentence in a post-conviction proceeding?
CALAMBRO: Yeah.
COURT: Do you understand that if you do not pursue that challenge — excuse me. That if you do pursue a challenge to your conviction and sentence, that you would be entitled to a stay of your execution?
CALAMBRO: Yeah.
COURT: Well, understanding your answers to those, do you wish to forgo any further challenges to your sentence of death and in fact be put to death? First, do you wish to forgo any further legal challenges in this case?
CALAMBRO: No.
PESCETTA [counsel for petitioner]: Your Honor, I think that we’re done. Mr. Calambro said he does not wish to [965]*965forgo further legal challenges, so I think the purpose of this hearing is done.
COURT: I am not sure that Mr. Calambro understood the question. The question, Mr. Calambro, is: do you wish to in fact bring some challenge to your conviction and sentence?
CALAMBRO: No.
COURT: Does that mean you wish to forgo further challenges? The word “forgo” means that you do not wish to bring any further challenges.
CALAMBRO: No.
COURT: Well, in going through the questioning, it was clear that Mr. Calambro answered that he did not wish to pursue any further challenges when asked a simple question. I think there is an issue with regard to the word “forgo” that is confusing. And I really don’t feel that it’s worth pursuing further questioning of Mr. Calambro. He does not wish to pursue further legal challenges. And that’s my finding on that issue, based on the questioning so far.
COURT: Mr. Calambro, I am going to ask you one more question: do you wish to bring a legal challenge to your conviction or your sentence?
CALAMBRO: No.

Petitioner requested that the court ask Calambro if he objected to his mother’s bringing such a challenge. The state objected because this court’s order of remand did not provide for such a question, and the district court refused petitioner’s request.1

Clinical psychologist, David L. Schmidt, Ph.D., testified for petitioner. He based his opinion in part on a review of videotaped interviews of Calambro’s relatives and family friends. Schmidt also reviewed Calambro’s DOP medical records and noted two antipsychotic medications, Mellaril and Haldol, prescribed for Calambro at various times from July to November 1997. Calambro was also prescribed Prozac, an antidepressant. At one point, Calambro was prescribed a dosage of Haldol which Schmidt described as “the dose that’s usually given to what we [966]*966call floridly psychotic individuals, people who are actively difficult to manage, because of a thought disorder that’s out of control.” The medical records also indicated that Calambro sometimes refused to take the medications.

Schmidt reviewed the report by DOP psychologist Knapp, dated May 30, 1998, indicating that Calambro showed marked derealization and depersonalization. Schmidt stated: “Derealization is the belief that things are not real, that the things going on around you are merely an illusion . . . .

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Bluebook (online)
964 P.2d 794, 114 Nev. 961, 1998 Nev. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calambro-ex-rel-calambro-v-second-judicial-district-court-of-nevada-nev-1998.