Flanagan v. State

930 P.2d 691, 112 Nev. 1409, 1996 Nev. LEXIS 166
CourtNevada Supreme Court
DecidedDecember 20, 1996
Docket27320
StatusPublished
Cited by44 cases

This text of 930 P.2d 691 (Flanagan 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
Flanagan v. State, 930 P.2d 691, 112 Nev. 1409, 1996 Nev. LEXIS 166 (Neb. 1996).

Opinions

[1412]*1412OPINION

By the Court,

Rose, J.:

In 1984, appellants Dale Flanagan and Randolph Moore murdered Flanagan’s grandparents. Flanagan and Moore were convicted of the murders and sentenced to death. This court affirmed appellants’ convictions on appeal, but remanded for a new penalty hearing due to prosecutorial misconduct. This court affirmed the death sentences appellants received after the second penalty hearing. However, the United States Supreme Court vacated that decision and remanded for reconsideration due to evidence presented at the second hearing regarding appellants’ occult beliefs and activities. Upon remand, this court held that use of such evidence had been unconstitutional, and we remanded for a third penalty hearing. After the third hearing, appellants again received death sentences.

Flanagan and Moore appealed. They argue that their convictions should be reversed because the same type of constitutional error occurred at the guilt phase of their trial as occurred at the second penalty hearing. They also seek reversal of their sentences on a number of grounds.

FACTS

This case involves the shooting deaths of Flanagan’s grandparents, Carl and Colleen Gordon. The Gordons were found dead on November 6, 1984, Carl having been shot seven times in the back and chest and Colleen having been shot three times in the head. On direct appeal, we found overwhelming evidence that Flanagan, Moore and four other co-defendants killed the Gordons so that Flanagan could obtain insurance proceeds and an inheritance under his grandparents’ will.

Flanagan v. State, 107 Nev. 243, 245, 810 P.2d 759, 760 (1991) (Flanagan II), vacated, 503 U.S. 930, 931 (1992).

Appellants were tried in September and October 1985 along with two other co-defendants, Johnny Ray Luckett and Roy McDowell. (Two others charged in the matter pled guilty.) Luckett’s lawyer called Wayne Wittig to testify in Luckett’s defense. The district court allowed in the following testimony over objection by Moore’s and Flanagan’s lawyers:

Q Now, was there a point in time in your relationship with Dale [Flanagan] and Randy [Moore] that the three of you along with other people participated in what is known as a coven?
[1413]*1413A Yes, that is correct.
Q Would you please tell us what a coven is?
A A coven basically is gathering of people to use, you might say, its basis of Satan to get the most out of life, so to speak. Being able to have help when you need it. You know, somebody to kind of call upon if something should ever arise.
Q Now, is this practice divided into at least two categories, one of which is black magic and the other of which is white magic?
A Well, I can’t say for all, but I can say for the one I was involved in, there was two different kinds, yes.
Q And would you tell us, at least insofar as your coven at that time was concerned, what black magic was, what was the purpose of this?
A Well, black magic basically was used to if somebody was in danger in any way, you could more or less put a hex on them and they would feel pain that they wouldn’t normally feel.
Or psychological effects, you know, more or less just “Ow, my arm hurts,” continuous arm hurt. Or just all of a sudden you start feeling weird for some reason and you can’t explain it.
Q What was white magic?
A White magic was the ability to manipulate people to do things they wouldn’t normally otherwise do. Say you are walking down a corridor and for some reason you never walk through the door on the right. Well, this could give you the ability to walk through that door.
Q Was this just a lighthearted party atmosphere or was it more serious for the people that were involved in it?
A In some instances it was serious. There were a couple of occasions where a fellow friend would have some problems, say, at school or something with somebody else.
And it was more like just, you know, I am going to get you sort of thing and just kind of use it for defense more or less.
Q What was the role of Dale Flanagan in the coven activities which you personally participated in?
A Dale was basically — I don’t know if the correct word is wizard but he was basically the second in command as far as the coven went. He had actually the first — most power, but there was one power more stronger than his.
Q What type of magic did he practice or engage in?
[1414]*1414A Black magic.
Q And what was the role of Randy Moore?
A He was, like I said, basically first in command. He had the white magic which was the power to manipulate people.
Q Would it be fair to say he was the leader of the group?
A Yes.

Luckett introduced this evidence to support a defense theory that any involvement he had with the crimes was due to fear of Flanagan and Moore.

Moore’s lawyer cross-examined Wittig as follows:

Q Now, you testified about covens and covens which you attended and you told us that Dale and Randy were at these covens. About how many did you attend? Your best recollection. I am not asking for an exact number.
A Probably somewhere between zero and 20 or between, say, one and 20, excuse me.
Q And during these covens that you attended anywhere from one to 20, was there conversation as among the people in attendance?
A Pertaining to?
Q Was there conversation, yes or no?
A Yes.
Q Was it in the nature of social conversation?
A Sometimes.
Q And did any of the people in attendance at these covens do anything that you would consider to be antisocial?
A No.
Q Didn’t burn or kill any cats?
A No.
Q Didn’t set any places afire?
A No.
Q The prior sessions, tell us what went on these sessions you did attend, one to 20?
A More or less psychological. Linked thought, things like that.
Q Okay. But nothing antisocial?
A We didn’t run around going “Satan, rah, rah, rah,” things like that.
Q You didn’t go skinning cats, burning lawns or firing crosses or carving things into?
A No, sir.

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Bluebook (online)
930 P.2d 691, 112 Nev. 1409, 1996 Nev. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flanagan-v-state-nev-1996.