Riggins v. State

808 P.2d 535, 107 Nev. 178, 1991 Nev. LEXIS 27
CourtNevada Supreme Court
DecidedMarch 28, 1991
Docket19873
StatusPublished
Cited by37 cases

This text of 808 P.2d 535 (Riggins 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
Riggins v. State, 808 P.2d 535, 107 Nev. 178, 1991 Nev. LEXIS 27 (Neb. 1991).

Opinions

[180]*180OPINION

By the Court,

Young, J.:

On November 20, 1987, appellant David Riggins rode with his roommate, Lowell Pendrey, to Paul Wade’s apartment, where Pendrey waited outside while Riggins went in for about half an hour. Shortly after Riggins left Wade’s apartment, Wade’s girlfriend went to his apartment when she was unable to reach him by telephone. She found Wade dead on the floor with multiple stab wounds and a number of dog bites. Police arrested Riggins the next evening. He was charged with first degree murder and robbery, both with use of a deadly weapon. After being found competent to stand trial, Riggins pleaded not guilty and not guilty by reason of insanity. Following a four-day trial held in November 1988, Riggins was convicted by a jury of first degree murder and robbery, both with use of a deadly weapon. The jury sentenced Riggins to death.

Within a week of being incarcerated, starting in late November 1987, Riggins was put on Mellaril, an antipsychotic drug. The medication was commenced because Riggins complained of hearing voices; he continued to be medicated through trial the following November, with increased dosages in December 1987, January, May, and July 1988. During February and March 1988 when Riggins was examined and found competent to stand trial, he was medicated with 450 mg. of Mellaril per day. At trial, Riggins was medicated with 800 mg. of Mellaril per day.

[181]*181In June, defense counsel filed a motion to terminate administration of medication, arguing that medication during trial violated Riggins’ right to present a defense and that Riggins had done nothing to demonstrate a need for medication. The State opposed the motion, contending that the medication was necessary to maintain Riggins’ competency to stand trial. The court denied the motion following a hearing held in July.

On appeal, Riggins contends that his involuntary medication with antipsycotic drugs during the trial violated his Sixth Amendment right to a full and fair trial by depriving him of his right to present his natural demeanor to the jury as part of his insanity defense. Riggins also argues that the district court abused its discretion in denying his motion to terminate administration of medication. The State contends that the denial of the motion was within the discretion of the trial court and should not be disturbed on appeal absent a clear showing of abuse. See, e.g., Sparks v. State, 96 Nev. 26, 30, 604 P.2d 802, 804 (1980).

The question whether forced medication during trial violates a defendant’s constitutional right to present a defense is one of first impression in Nevada. Other states that have considered this question all agree that the accused’s demeanor has probative value where his sanity is in issue. See, e.g., Commonwealth v. Louraine, 453 N.E.2d 437 (Mass. 1983); State v. Law, 244 S.E.2d 302 (S.C. 1978). However, states are evenly divided over whether expert testimony about the effect of the medication can substitute for the jury’s firsthand observation of the defendant’s natural demeanor.

Those courts that have compelled medication have viewed the defendant’s psychological makeup as evidence that can be explained to the jury. Accordingly, they have required that the jury be informed of the effect that the medication has on the defendant’s behavior. See, e.g., Law, 244 S.E.2d 302. On the other hand, those courts that have upheld the defendant’s right to be tried while unmedicated conclude that expert testimony may not substitute for firsthand observation of the defendant’s natural demeanor. See, e.g., Louraine, 453 N.E.2d 437.

In this case, there was ample expert testimony regarding the effect that the Mellaril had on Riggins. After reviewing the differing decisions, we are persuaded that expert testimony was sufficient to inform the jury of the effect of the Mellaril on Riggins’ demeanor and testimony. Accordingly, the district court did not abuse its discretion in denying the motion to terminate medication. Moreover, the denial of Riggins’ motion to terminate medication did not deprive him of his rights to a full and fair trial and to present a defense. Compare Law, 244 S.E.2d at 306-307.

[182]*182The jury’s special verdict reveals that only one of the alleged aggravating circumstances was proved beyond a reasonable doubt: that the murder was committed while Riggins was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit a robbery, burglary, or kidnapping in the first degree. Riggins contends that the evidence was insufficient to establish burglary as an aggravating circumstance because there was no breaking and entering nor intent to commit a felony within Wade’s house.

However, the instruction allowed the jury to find aggravation if Riggins was engaged in robbery or burglary. Because the jury found Riggins guilty of robbery during the guilt phase, they likely found that he committed the murder during the commission of the robbery, eliminating the necessity of establishing a breaking and entering with intent to commit a felony. We conclude that the jury’s finding with respect to aggravation was supported by substantial evidence.

Riggins next contends that the voir dire violated his Sixth Amendment right to an impartial jury because the cursory questioning of the venire panel as a whole did not afford a reasonable assurance that individual prejudice would be revealed. Riggins also argues that the district court abused its discretion in denying his motion for individual sequestered voir dire.

In the designation of the record on appeal, Riggins’ counsel designated “[a]ll pleadings and motions, the complete trial transcripts, excluding voir dire, and the Judgment of Conviction.” (Emphasis added.) Thus, the record does not contain a transcription of the voir dire. Nor does the record contain the State’s oral opposition to the motion and the possible basis of the district court’s ruling on sequestered voir dire because counsel did not designate transcripts of the hearing on the motion.

It is the responsibility of the objecting party to see that the record on appeal before the reviewing court contains the material to which they take exception. If such material is not contained in the record on appeal, the missing portions of the record are presumed to support the district court’s decision, notwithstanding an appellant’s bare allegations to the contrary. See, e.g., State v. Zuck, 658 P.2d 162, 165-66 (Ariz. 1982); People v. Wells, 776 P.2d 386, 390 (Colo. 1989). Moreover, the scope and manner of voir dire examination is within the sound discretion of the district court and, on review, such discretion is accorded considerable latitude. Cunningham v. State, 94 Nev. 128, 130, 575 P.2d 936, 937-38 (1978) (quoting Oliver v. State, 85 Nev. 418, 424, 456 [183]*183P.2d 431, 435 (1969) and Spillers v.

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Bluebook (online)
808 P.2d 535, 107 Nev. 178, 1991 Nev. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riggins-v-state-nev-1991.