Davis v. State

595 N.W.2d 520, 1999 WL 374156
CourtSupreme Court of Minnesota
DecidedJune 10, 1999
DocketC0-98-1183
StatusPublished
Cited by45 cases

This text of 595 N.W.2d 520 (Davis v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State, 595 N.W.2d 520, 1999 WL 374156 (Mich. 1999).

Opinion

595 N.W.2d 520 (1999)

Larry Dewayne DAVIS, Appellant,
v.
STATE of Minnesota, Respondent.

No. C0-98-1183.

Supreme Court of Minnesota.

June 10, 1999.

*522 John M. Stuart, Minnesota State Public, Rochelle R. Winn, Assistant State Public Defender, Minneapolis, for appellant.

Michael A. Hatch, Minnesota Attorney General, Susan Gaertner, Ramsey County Attorney, Darrell C. Hill, Assistant County Attorney, Saint Paul, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

Appellant Larry Dewayne Davis was found guilty of first-degree and second-degree murder, and attempted first-degree and second-degree murder. Although appellant pled not guilty by reason of insanity, the trial court rejected his insanity defense. Appellant was sentenced to life imprisonment for first-degree murder and to a consecutive 180-month term for attempted first-degree murder. On appeal, he argues that the evidence was insufficient to support his conviction for attempted first-degree murder, and that the trial court erred in rejecting his insanity defense. We affirm.

At about 10:45 p.m. on Saturday, May 24, 1997, appellant broke a window and entered the duplex apartment Joanne Kinne and Delores Fenske shared at 729 Edmund in St. Paul. Kinne was showering in the bathroom next to the kitchen. Brian and Theresa Allen, who lived in the upstairs apartment, heard the sound of breaking glass coming from the front of the duplex. After looking outside and seeing nothing unusual, Theresa telephoned Fenske. Fenske also noticed nothing unusual. Theresa called the police while Fenske, based on Theresa's phone call, warned Kinne to get out of the shower and dress.

Kinne got out of the shower and went to the bathroom door. She saw appellant standing behind Fenske near the kitchen sink. As Kinne reached behind the bathroom door to get her robe, appellant grabbed Fenske and wrapped a telephone cord around her. Fenske protested the appellant's actions, and Kinne shouted, "[w]hat do you want? Leave us alone." Appellant remained silent.

Fenske then fell or was pushed to the floor, blocking the bathroom doorway and Kinne's exit. Appellant grabbed a knife from the dish drainer in the sink and began stabbing Fenske in the head. He said nothing and stared directly at Kinne. When the blade of the knife broke off in Fenske's neck, appellant reached back into the dish drainer, grabbed another knife, and continued stabbing Fenske. Kinne lunged at appellant to stop him from stabbing Fenske. Appellant made an overhand stabbing motion toward Kinne before realizing that the second knife blade had also broken off. He fumbled in the dish drainer apparently looking for a third knife, but none were left.

Upstairs, Theresa Allen heard Kinne yelling, "[l]eave us alone. What do you want? Just leave us alone." Theresa rushed down the apartment's back steps and toward Kinne's apartment while Brian called 911. As Kinne heard Theresa coming down the back steps, appellant jumped up and ran toward the living room. Kinne ran to her apartment's back door. Before Theresa reached Kinne's apartment, a hysterical Kinne flew out of her apartment. They went upstairs, and Brian relayed the information to 911.

Officer David Titus arrived at 10:55 p.m. and noticed a broken window. Inside the apartment, the officer found Fenske on the kitchen floor but did not find appellant. A canine unit was called to the scene. Although the dog picked up a scent at the *523 rear of the duplex, the dog lost the scent a block from the crime scene.

Approximately ten minutes later, police responded to a call reporting a suspicious person in an alley three blocks from the crime scene. Ian Hedberg was visiting friends in the area, and he reported to police that he saw a man standing at the end of an alley and looking around as if he wanted to hide while police sirens wailed nearby. Police could not locate the unidentified man reported by Hedberg.

At 12:10 a.m., Officer Catherine Pavlak saw a man walking about seven blocks from the crime scene. After reviewing the description of the stabbing suspect, Pavlak stopped appellant. Appellant told Pavlak that he was coming from his girlfriend's house and going to White Castle. Pavlak continued talking to appellant until Officers Thomas Arnold and Patrick Scott arrived. Upon arriving, both officers noticed dirt, sand, and leaves on appellant's arms and clothes, and blood on appellant's jeans. DNA testing later showed that samples of the blood matched Fenske's blood. Appellant initially was compliant as Pavlak guided him to the squad car, but he tried to grab Arnold's gun when Scott tried to handcuff him. A struggle ensued, with appellant trying to grab the officers' guns. After appellant was subdued, Hedberg came to the car and identified appellant as the person in the alley.

Shortly after appellant's arrest, police showed Kinne a six-person photo lineup at St. Paul police headquarters. She immediately identified appellant as the intruder who assaulted Fenske and her.

Fenske died at 1:30 a.m. the morning following her attack. An autopsy revealed 30 sharp force injuries to Fenske's head, neck, face, and hands. The examiner testified that the injuries were consistent with the victim lying on the floor and trying to resist attack. The cause of death was loss of blood due to multiple force injuries.

Appellant pled not guilty by reason of insanity, and the court held a bifurcated bench trial. After the first phase of the bench trial, appellant was found guilty of first-degree murder and attempted first-degree murder. The trial then entered its second phase to determine whether appellant was legally mentally ill when he committed the crimes.

During the second phase of the trial, appellant presented evidence that he has a family history of mental illness. Both appellant's father and aunt have been hospitalized for mental illnesses. Appellant first exhibited symptoms of mental illness on November 1, 1996. On that day, he complained to his mother that voices from the television and radio told him that he and his family were going to hell.

The next morning, while visiting an apartment rental agency, appellant assaulted an office worker without provocation. The police were called and appellant was taken to United Hospital. There, he assaulted four staff members and another patient. Appellant was transferred to St. Paul-Ramsey Medical Center, where Dr. Daniel Larson conducted a Rule 20 evaluation of appellant and concluded that he suffered from a psychosis.

A commitment hearing was held on November 26, 1996. Two court-appointed examiners recommended that appellant be committed. The court found that appellant was mentally ill and chemically dependent, and committed him to the Anoka-Metro Regional Treatment Center. While there, he was placed on Haldol, a psychotropic drug used to manage psychosis. Appellant did not complain of psychotic symptoms while on Haldol, and no symptoms were observed by the staff.

Appellant was provisionally discharged from Anoka-Metro Regional Treatment Center to live with his mother on January 28, 1997. Upon discharge, he was given a case manager, Audrey Fischer, who assisted him in finding an apartment and securing financial assistance. According to Fischer, she and appellant talked about his *524 mental illness symptoms and what to do if they should reappear.

On April 11, 1997, appellant met with his outpatient psychiatrist. Appellant, having reduced his dosage of Haldol on his own, wanted to discontinue taking Haldol.

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Cite This Page — Counsel Stack

Bluebook (online)
595 N.W.2d 520, 1999 WL 374156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-minn-1999.