Hollaway v. State

6 P.3d 987, 1 Nev. 732, 116 Nev. Adv. Rep. 83, 2000 Nev. LEXIS 95
CourtNevada Supreme Court
DecidedAugust 23, 2000
Docket32142
StatusPublished
Cited by65 cases

This text of 6 P.3d 987 (Hollaway 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
Hollaway v. State, 6 P.3d 987, 1 Nev. 732, 116 Nev. Adv. Rep. 83, 2000 Nev. LEXIS 95 (Neb. 2000).

Opinions

OPINION

By the Court,

Shearing, J.:

Appellant Roy Hollaway strangled his wife, Carolyn Whiting, on January 27, 1996. The couple had been arguing for days and drinking heavily when Hollaway strangled Whiting, first with his hands and then with an electrical cord. Hollaway then called 911 and reported the crime. He admitted the crime to the 911 operator and to police after they arrived. Whiting was in a coma and died about two weeks later. The State charged Hollaway with first-degree murder and sought the death penalty. Hollaway chose to represent himself, and at trial he offered no defense. After the jury found him guilty, he offered no mitigating evidence and asked for and received a death sentence.

Pursuant to this court’s order, the district court appointed counsel to represent Hollaway on appeal. Counsel challenges Hollaway’s death sentence on a number of grounds. We conclude that these grounds are meritless, but pursuant to our mandatory review of the death sentence, we conclude that Hollaway’s sentence was imposed under the influence of prejudicial and arbitrary factors. We therefore vacate the sentence and remand for a new penalty hearing.

FACTS

On March 22, 1996, the State filed an information charging Hollaway with murder. Hollaway pleaded not guilty at his arraignment on March 26, 1996. On April 15, 1996, the State filed a notice of intent to seek the death penalty, alleging as a single aggravating circumstance that Hollaway was convicted of second-[736]*736degree armed robbery and false imprisonment in California in 1990.1

On August 13, 1996, Hollaway’s counsel moved the district court for a competency hearing. In an attached affidavit, counsel informed the court that Hollaway consistently “expressed a desire to receive the death penalty’ ’ and had been severely depressed and despondent.

On October 11, 1996, several defense motions were filed. One moved to allow Hollaway to represent himself and to allow the public defender to withdraw. Another moved to withdraw his plea of not guilty and to plead guilty to first-degree murder. Attached was an affidavit by Hollaway, stating that he did not want a trial and wanted to proceed directly to sentencing. Defense counsel also filed a motion to set a hearing to determine Hollaway’s competency. Attached were, among other things, evaluations of Hollaway by psychiatrist William O’Gorman, M.D., and psychologist Lewis Etcoff, Ph.D.; a transcript of a police interview of Hollaway after his arrest; a transcript of his call to 911; and copies of letters from Hollaway to family and friends after the crime. In the letters, Hollaway expressed regret over killing Whiting. For example, in a letter to his mother, he told how he and Whiting had been drinking all day and arguing, that he “lost it” and “came completely unglued” and killed her, that there was no excuse for it, and that he would regret it the rest of his life; he also asked his mother to call and try to comfort Whiting’s mother. Hollaway also exchanged letters with Whiting’s mother and expressed his regret.

Dr. O’Gorman concluded that Hollaway was clinically depressed and “should be more carefully evaluated with an Electroencephalogram (EEG) that may show evidence of disturbance of stream of consciousness, under the influence of alcohol.” O’Gorman concluded, however, that Hollaway’s depression did not render him incompetent to stand trial. Dr. Etcoff, while recognizing Hollaway’s desire to die as a part of Hollaway’s clinical depression, agreed that Hollaway was competent to stand trial.

O’Gorman and Etcoff both testified before the district court at a hearing on October 30, 1996. After their testimony, Hollaway told the court that he preferred the death penalty to thirty to forty years in prison. In responding, the court said that it had not prejudged the case but had seen worse murders where defendants did not get the death penalty. It told Hollaway that he was probably wrong if he thought a three-judge panel would automatically sentence him to death and that an average jury might be more likely to return a death sentence.

[737]*737On December 5, 1996, the district court found that Hollaway was not competent to understand the charges against him and to aid in his own defense and ordered him committed to Lakes Crossing Center for a determination of his ability to attain competency. On April 3, 1997, after reviewing the reports of a sanity commission, the court found Hollaway competent to stand trial. At that time, Hollaway told the court that he no longer wanted to plead guilty but preferred to go to trial.

At a hearing on April 17, 1997, the district court canvassed Hollaway regarding his motion to represent himself. The court took the matter under consideration and strongly urged Hollaway to try antidepressant medication in the meantime.2 Hollaway admitted that he wished to represent himself in order to receive the death penalty. At a hearing on May 29, 1997, the court ruled that Hollaway had a right to represent himself and relieved the public defender as counsel. Hollaway also rejected standby counsel.

The guilt phase of the jury trial began on October 27, 1997, and ended the next day. During jury selection, the State and Hollaway each used peremptory challenges to strike venire members who expressed hesitation about having to judge another person or return a death sentence. During the trial, Hollaway made no objections, asked only a handful of questions on cross-examination, presented no evidence, and made no argument.

During the guilt phase the 911 operator who took Hollaway’s call on the night of January 27, 1996, testified as follows. Hollaway called and said that his wife would not die despite his repeated efforts to strangle her over a thirty-minute period. He said that he considered using a knife but that was too messy. He also said that he and his wife had been fighting for about three days. When told that the conversation was being recorded, Hollaway said, “Cool. I did this deliberately because I wanted her to die. . . . [I]f that don’t get me the death penalty, I reckon nothing will.” Portions of the taped call were played to the jury.

A Las Vegas Metropolitan Police Department (LVMPD) officer was dispatched to Hollaway’s apartment after the call and testified to the following. Hollaway told the officer that he had killed his wife. The officer found Whiting lying on the apartment floor. Hollaway told the officer that he had tried to drown her, then choked her with his hands, and then because he was not strong enough used an electrical cord. Medical personnel arrived, tried to resuscitate Whiting, and then took her from the apartment on a gurney. Hollaway was in the patrol car with the officer and “said something to the effect that, T can’t believe the bitch is still alive.’”

[738]*738A second LVMPD officer who arrived at the apartment that night testified. Hollaway also told this officer how he had tried to drown his wife, strangle her manually, and then used an electrical cord. He said he did so because he believed that she was cheating on him with another man. After Hollaway was put in the patrol car, he began to beat his head on the window between the front and the back seat: “He was—he was going pretty ballistic, banging his head on the window; he was pretty distraught.” When Hollaway saw his wife on the gurney, “[h]e said, ‘Don’t tell me the bitch isn’t dead, by god, she had better be dead.’ ”

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Cite This Page — Counsel Stack

Bluebook (online)
6 P.3d 987, 1 Nev. 732, 116 Nev. Adv. Rep. 83, 2000 Nev. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollaway-v-state-nev-2000.