Olivares v. State

195 P.3d 864, 124 Nev. 1142, 124 Nev. Adv. Rep. 94, 2008 Nev. LEXIS 112
CourtNevada Supreme Court
DecidedNovember 20, 2008
Docket46920
StatusPublished
Cited by20 cases

This text of 195 P.3d 864 (Olivares 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
Olivares v. State, 195 P.3d 864, 124 Nev. 1142, 124 Nev. Adv. Rep. 94, 2008 Nev. LEXIS 112 (Neb. 2008).

Opinions

[1143]*1143OPINION

By the Court,

Cherry, J.:

Reyes Olivares was convicted of first-degree murder with the use of a deadly weapon. He now appeals that conviction on the basis that the district court erred when it refused to hold a hearing to consider doubts about Olivares’ competency, instead proceeding to trial. Olivares argues that there was reasonable doubt regarding his competency and, as such, the district court abused its discretion when it did not hold a hearing after defense counsel raised serious doubts regarding Olivares’ competency. We conclude that the district court abused its discretion and denied Olivares his due process rights by failing to hold a hearing to address the doubts raised as to Olivares’ competency.1

FACTS

On June 27, 2002, Olivares drove to his construction work site, taking a 9-mm handgun with him. He testified that he carried the gun for protection from the construction foreman, Vaughn Russell, whom Olivares believed had made “black magic attacks” on him. At the construction site, Olivares approached Russell, believing [1144]*1144that Russell intended to kill him. Olivares drew his gun and fired three shots at Russell, killing him. Olivares was arrested and charged with first-degree murder with the use of a deadly weapon.

Almost one month after the murder, Olivares appeared in district court for proceedings to address concerns about his competency that had been raised before the preliminary hearing in justice court. At defense counsel’s request, the district court continued the matter in order for Olivares to seek further psychiatric evaluation because the court recognized that “[h]e might need some help at Lakes Crossing.”2 After a hearing on September 24, 2002, the district court sent Olivares to Lakes Crossing for a psychiatric evaluation to determine his competency to stand trial.

About seven months later, on April 15, 2003, the district court found Olivares competent to stand trial based on a report prepared by the doctors at Lakes Crossing. According to the report, two of the three doctors who examined Olivares at Lakes Crossing found him competent to stand trial. Neither defense counsel nor Olivares were present when the court made that determination.

Subsequently, Olivares appeared in the district court with defense counsel and asked for additional time for psychiatrists to review reports on Olivares’ competency. The district court granted Olivares 60 days.

After 60 days, Olivares refused to be transported to court for his status update. The court waived Olivares’ presence. During the hearing, the subject of Olivares’ competency was discussed. Specifically, defense counsel told the court that “[Olivares] does have serious mental issues.” The court responded, “I know he does . . . he’s not thinking straight.” The court reinforced that it previously had found Olivares competent to stand trial. At the conclusion of the hearing, the district court remanded the case to justice court for a preliminary hearing.

At the preliminary hearing, the justice court found probable cause and bound Olivares over to the district court for trial. Thereafter, on August 26, 2003, Olivares appeared in the district court for his arraignment. During the arraignment, the issue of Olivares’ competency was again discussed. The district court acknowledged that “[tjhere was some indication that [Olivares] had some psychiatric problems.” Further acknowledging the lengthy delays in the case, the court said that “[its] hands are tied when [it] feel[s] there’s some mental issue here.” However, the court reiterated its prior finding that Olivares was competent and “for legal purposes . . . capable of handling this case.” Consequently, the district court observed that competency issues “might pop up [1145]*1145again, but right now it’s resolved.” At the conclusion of the arraignment, the district court accepted Olivares’ not guilty plea.

Approximately seven months after the arraignment, on March 18, 2004, the district court held a pretrial calendar call. At that time, the court questioned Olivares about several doctors’ reports that stated that Olivares felt that his attorney was not doing enough for him. Olivares told the court that his attorney was “not acting on [his] defense.”3 The court told Olivares, “I don’t think [your attorney is] out to get you or anything; do you understand that?” Olivares responded by asking the court to take his attorney off the case.

During the same calendar call, the court asked defense counsel for his view on Olivares’ interactions with counsel. In response, defense counsel read an excerpt from the report of one of the doctors at Lakes Crossing, Dr. Brown, which explained Olivares’ delusional system and how he viewed his counsel within that delusional system:

Mr. Olivares has incorporated his attorney into the persecutorial delusional system and it’s his belief the public defender and district attorney are in collusion with one another to demonstrate him guilty. He has been unable to mentally process or understand the nature of the preliminary hearing and has only incorporated that further into a delusion that people wish him harm.

The court then asked defense counsel about another doctor’s report4 that detailed Olivares’ belief that defense counsel sold his house and profited from the sale. Olivares told the court that he no longer believed defense counsel sold his house, only that he took his keys. Defense counsel informed the court of Dr. Lipson’s conclusion that “[b]ased upon [Olivares’] delusions he’s unable to work with counsel and cannot put on his own defense.’ ’ At this point, defense counsel explicitly told the court that it was clear Olivares needed to be re-examined at Lakes Crossing.

The prosecutor acknowledged that he did not see what alternative the court had other than to remand Olivares to Lakes Crossing again. The prosecutor reasoned that “it’s common sense that if [Olivares] believes that his attorney is in league with me and we are all working together to send him to prison, he’s not going to be able to work with them.” The prosecutor also told the court that [1146]*1146the jail was not equipped to deal with the type of problems that Olivares suffered and therefore the court should remand Olivares to Lakes Crossing for the “round-the-clock intensive treatment . . . Mr. Olivares needs if he’s ever going to achieve competence.” The prosecutor reinforced to the court that “this is a problem that has existed from the start of the case and hasn’t gone away yet.” Finally, the court acceded to the prosecutor’s unusual request to direct remarks to Olivares, and the prosecutor told Olivares that he was not in collusion with defense counsel. At the conclusion of the calendar call, the court referred Olivares to Lakes Crossing.

A year later, on March 24, 2005, counsel for Olivares appeared in district court for a status check. At the time, Olivares was still in the custody of Lakes Crossing.

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Cite This Page — Counsel Stack

Bluebook (online)
195 P.3d 864, 124 Nev. 1142, 124 Nev. Adv. Rep. 94, 2008 Nev. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olivares-v-state-nev-2008.