Cunningham v. State

944 P.2d 261, 113 Nev. 897, 1997 Nev. LEXIS 119
CourtNevada Supreme Court
DecidedAugust 28, 1997
DocketNo. 27796
StatusPublished
Cited by10 cases

This text of 944 P.2d 261 (Cunningham v. State) 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
Cunningham v. State, 944 P.2d 261, 113 Nev. 897, 1997 Nev. LEXIS 119 (Neb. 1997).

Opinion

[899]*899OPINION

Per Curiam:

After the dead body of Suzette Ceci (“Suzette”) was discovered in the desert, a police investigation led to appellant Jamie Cunningham (“Cunningham”) as Suzette’s murderer. Cunningham was convicted of second degree murder with use of a deadly weapon and sentenced to life without the possibility of parole as a habitual criminal pursuant to NRS 207.010.

On appeal, Cunningham first argues that a photographic lineup identification by a highway patrolman who witnessed him driving Suzette’s car one week after her disappearance was unduly suggestive and should have been excluded. Second, Cunningham argues that a statement made by Suzette’s friend to Suzette’s husband should not have been admitted because it was hearsay. [900]*900Third, Cunningham argues that a letter written to the police by a fellow inmate, revealing Cunningham’s alleged confession, should have been excluded as hearsay. Next, Cunningham contends that certain statements made by the prosecutor during closing arguments amounted to prosecutorial misconduct requiring reversal of his conviction. Finally, Cunningham alleges that the evidence submitted at trial was insufficient to support his conviction.

We conclude Cunningham’s contentions are without merit and affirm the conviction.

FACTS

On August 17, 1992, at 12:30 p.m., Tom Ceci (“Tom”) arrived home from work to see his wife, Suzette, after she called Tom’s business partner to accuse Tom of embezzling funds from the business. He found Suzette on their bed in a fetal position, displaying symptoms of crack cocaine withdrawal.

One hour later, at 1:30 p.m., Cunningham, who was Suzette’s friend, arrived at the Ceci apartment. By that time, Suzette had become violent and hysterical.1 Cunningham showed Tom his gun which he had allegedly brought to the apartment, and said, “Do you want me to take her out to the desert?” Tom thought he was joking and refused.

At 6:00 p.m., after Suzette calmed down, she and Cunningham left the apartment in Suzette’s car. They went to the house of Cunningham’s brother because Suzette wanted to sell him some personal items.

At 9:30 p.m., Cunningham arrived back at the Ceci apartment without Suzette. He told Tom that Suzette “freaked out” and left his brother’s house in her car. Cunningham told Tom that he did not know where Suzette was.

On August 20, 1992, a dead female body was found in the desert four miles southwest of Las Vegas. Her hands were tied and she was stabbed fifteen times.

On August 24, 1992, at 10:30 p.m., Nevada Highway Patrol Officer Christopher Perry (“Perry”) was stopped at a red light when he noticed that the car in the left lane, next to him, was stopped several feet back from the light. Perry turned around to look at the driver through the windshield. When the light turned green, Perry waited until the car passed him. At the next red light, the same thing happened and Perry again looked back at the driver’s face. Then the driver of the car made an illegal right turn from the left lane in front of Perry’s patrol car. Perry attempted to [901]*901conduct a traffic stop, but the driver refused to stop. A chase ensued. The car eventually crashed into a chain-link fence, and the driver exited the vehicle and ran away. Perry was unable to capture the driver. In his report, Perry described the driver as a white man with collar-length curly hair.

The car was registered to Suzette and was the same car that Tom last saw her in on August 17, 1992. After Perry identified the car, he went to Tom’s apartment late that night. Tom told Perry that Suzette had been missing for about a week, but he thought she was just trying to get sober. Perry suggested that Tom file a missing person’s report, which Tom did the next day, August 25, 1992, after picking up the car from the impound lot.

Based on suspicions that the car and the body found in the desert were related, on August 26, 1992, Homicide Detective Roy Chandler (“Chandler”) re-impounded Suzette’s car to search for evidence. On August 27, 1992, the body was positively identified as Suzette through dental records.

In January 1993, Chandler called Perry for a photographic lineup to identify the driver of Suzette’s car on August 24, 1992. Although Perry had previously identified the driver as white, Chandler asked Perry if it were possible that the man was, in fact, a light-skinned black man. Perry answered that it was possible. Pursuant to this conversation, Chandler put together a photo lineup of three white men and three light-skinned black or his-panic men.

On January 11, 1993, Chandler presented Perry with the photo lineup. On the back of the display was a pre-printed message stating that hair length and facial hair can easily change. Chandler repeated this message to Perry, as required by the photographic identification guidelines, and left the room. Perry immediately identified Cunningham, a light-skinned black man, as the driver of Suzette’s car. Cunningham’s was the only photograph displaying short hair, while the other five photo subjects had longer length hair.

In May 1993, Cunningham was arrested for murdering Suzette. On December 6, 1993, a preliminary hearing was held, and on December 17, 1993, an information was filed. On August 10, 1994, pursuant to Cunningham’s motion to exclude the photographic lineup identification, an evidentiary hearing was conducted. Upon considering the testimony of Chandler and Perry, the district court denied the motion.

The trial commenced one year later on August 15, 1995, and concluded August 23, 1995. At trial, respondent State of Nevada (“the State”) presented the testimony of three people to whom Cunningham allegedly confessed murdering Suzette. Tim Bradley (“Bradley”) had a taped conversation with Chandler on [902]*902March 17, 1993. Because Bradley was uncooperative on the stand, portions of the March 17, 1993 conversation were read at trial. This information revealed that Cunningham told Bradley that he was involved in a high speed chase with the Nevada Highway Patrol and he ran from the car. He also allegedly told Bradley that he killed Suzette “because she was tripping” and that “she had to go.”

Stanley Wright (“Wright”) was incarcerated with Cunningham in 1993 after Cunningham was arrested for the current charge. Cunningham allegedly told Wright, in the presence of a man known only as “Oldtimer,”2 that he stabbed Suzette and put her body in the desert. Oldtimer took notes of this conversation (hereinafter “the Oldtimer letter”) and sent them to Chandler. On June 10, 1993, Chandler had a taped conversation with Wright about the information in the Oldtimer letter. Chandler also requested that Wright sign the Oldtimer letter if it accurately ■reflected Wright’s memory of his dialogue with Cunningham. Wright signéd the top of the letter.

Because Wright was uncooperative on the stand, portions of his conversation with Chandler were read at trial, specifically:

Q. Were you asked this question:
“Q. How did he [Cunningham] tell you that he killed her [Suzette]?”
And did you give this answer:
“A.

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Bluebook (online)
944 P.2d 261, 113 Nev. 897, 1997 Nev. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-nev-1997.