Riker v. State

905 P.2d 706, 111 Nev. 1316, 1995 Nev. LEXIS 155
CourtNevada Supreme Court
DecidedNovember 1, 1995
Docket25604
StatusPublished
Cited by35 cases

This text of 905 P.2d 706 (Riker 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
Riker v. State, 905 P.2d 706, 111 Nev. 1316, 1995 Nev. LEXIS 155 (Neb. 1995).

Opinions

[1318]*1318OPINION

By the Court,

Young, J.:

FACTS

On April 14, 1992, a Las Vegas Metropolitan Police Officer found the lifeless body of Kevin Marble (“Marble”) lying face down on the ground in a pool of blood. Investigators found an eight-inch survival knife approximately eight feet from Marble’s body. The survival knife’s blade, serrated on one side and smooth on the other side, was covered with Marble’s blood.

The coroner determined that Marble died from two stab wounds. The first stab wound in Marble’s chest was four and one-half inches long and four to five inches deep. The chest wound penetrated Marble’s pulmonary artery. The second stab wound, one inch wide and one-half inch deep, sliced Marble’s neck and extended into Marble’s spinal column.

Several hours after Marble’s body was found, David Robert Riker (“Riker”) and an accomplice were arrested near Barstow, California, following a high-speed chase. At the time of the arrest, Riker was driving Marble’s work van. Inside the van, officers found several items taken from an earlier stabbing victim of the murderous duo.

The earlier victim, John M. Phippin (“Phippin”), was found brutally stabbed to death in a motel room in Blythe, California, on April 12, 1992. Phippin’s killers stole his work vehicle and abandoned it in an industrial park in Las Vegas. Officers recovered Phippin’s vehicle on April 14, 1992, the same day that Marble was butchered to death, two blocks from where the body of Marble was found.

Riker was charged with murder with use of a deadly weapon and robbery with use of a deadly weapon. The charges were based on the robbery and stabbing of Marble. On August 8, 1992, at his arraignment, Riker entered a plea of not guilty to both charges.

In November 1992, Riker told his attorney, Mark S. Blaskey (“Blaskey”), that he desired to plead guilty to both charges. Blaskey sent letters to three psychologists and/or psychiatrists [1319]*1319asking them to examine Riker and evaluate if he was (1) competent to proceed to trial, and (2) competent to plead guilty. Riker was eventually evaluated a total of five times.

On November 19, 1992, Riker was examined by Marv A. Glovinsky (“Dr. Glovinsky”), a clinical psychologist. Dr. Glovinsky concluded that Riker’s depression impairs his ability “to give reasoned consideration to plea options available to him in this case. Again, while RIKER is considered to be competent to assist counsel in his own behalf, [sic] I, nevertheless, must deem him incapable to rationally enter a plea of guilty in his ‘defense’ in this case.” In addition, Dr. Glovinsky stated that Riker’s guilty plea was “nothing other than an effort to involve the State in a collusion whereby he can, quite frankly, be free to commit a sanctioned act of suicide.”

On August 10, 1992, Dr. Jack A. Jurasky (“Dr. Jurasky”) evaluated Riker and concluded that Riker was “competent to aid counsel and assist in his defense.” On December 1, 1992, Dr. William Hess (“Dr. Hess”) evaluated Riker and concluded that

Riker is a narcissistic young man who attempts to blame others for his circumstances. He has a history of impulsive behavior, including attempts on his own life, and there is evidence of chronic pessimism. . . . While [Riker’s] faculties were evidently impaired at the time the crimes were alleged to have been committed, his current mental status would not prevent him from assisting counsel in his defense, assuming that he chooses to be defended.

On January 13, 1993, Dr. William O’Gorman (“Dr. O’Gorman”) evaluated Riker and concluded that Riker “can assist his attorney in his own defense if he so desires.” Dr. O’Gorman, like Drs. Jurasky and Hess, made no specific recommendation whether Riker would be competent to enter a guilty plea.

While the aforementioned doctors were examining Riker, Blaskey discovered that Riker had an extensive history of mental disorders and asked Dr. Glovinsky to reinterview Riker. After reinterviewing Riker, Dr. Glovinsky reaffirmed his earlier conclusion by stating, “[Riker] is indifferent to death and dying. He does not feel that he is courageous enough to take his own life. He would, therefore, have the State assist him [in committing] suicide.” However, Dr. Glovinsky also reaffirmed the other doctors’ conclusion that Riker was “competent to participate in the legal-judicial process that currently awaits him.”

On August 13, 1993, a hearing was held before Judge Addeliar D. Guy to consider the issue of Riker’s desire to change his plea from not guilty to guilty. After Blaskey informed the court of the evaluations of Riker, the following conversation transpired:

[1320]*1320THE COURT: Do you understand the nature of the charge contained against you in the Information in which you are charged with Count I, Murder With Use of a Deadly Weapon, Count II, Robbery With Use of a Deadly Weapon?
DEFENDANT RIKER: Yes, I do.
THE COURT: Do you understand those charges?
DEFENDANT RIKER: Yes, I do.
THE COURT: Are there any questions you want to ask me about them?
DEFENDANT RIKER: No.
THE COURT: .... Now you heard the statements that’s just been given by your counsel, do you understand those statements?1
DEFENDANT RIKER: Yes.
THE COURT: Are they correct?
DEFENDANT RIKER: Yes.
THE COURT: Is there anything you wish to add to them or not add to them?
DEFENDANT RIKER: No.
THE COURT: You understand that you’re asking me to take your plea of guilty to the charge of Murder With Use of a Deadly Weapon that will result in a finding of guilty to first degree murder, do you understand that?
DEFENDANT RIKER: Yes, I do.
THE COURT: And you understand that the extreme punishment on that, that you may get, is the death sentence, do you understand that?
DEFENDANT RIKER: Yes, I do.
THE COURT: Do you understand that by doing so you will not have a jury?
DEFENDANT RIKER: Yes, I do.
THE COURT: That your fate as to the penalty will be determined by a three-judge panel composed one of myself and two other judges to be selected by the Supreme Court?
DEFENDANT RIKER: Yes, I do.

The State then asked the court to make sure Riker knew he was not receiving any concessions on behalf of the State and that he was pleading guilty to first degree murder with use of a deadly weapon and might receive the death sentence. The district court asked Riker if he understood these things and Riker stated that he did.

The court then continued as follows:

[1321]*1321THE COURT: That the penalty can be death, life with or without the possibility, do you understand that?
DEFENDANT RIKER: Yes, I do.

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Cite This Page — Counsel Stack

Bluebook (online)
905 P.2d 706, 111 Nev. 1316, 1995 Nev. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riker-v-state-nev-1995.