DocketNumber: 6804
Citation Numbers: 501 P.2d 1036, 88 Nev. 549
Judges: Batjer, Gunderson, Mowbray, Thompson, Zenoff
Filed Date: 10/16/1972
Status: Precedential
Modified Date: 8/7/2023
By the Court,
By a split decision, the Court of Appeals for the Ninth Circuit remanded this case to the state district court for an evidentiary hearing on the voluntariness of a confession given by Wallace to the police, or in lieu thereof, a new trial. Wallace v. Hocker, 441 F.2d 219 (9 Cir. 1971). The federal appellate court believed that the trial record did not show with “unmistakable clarity,” Sims v. Georgia, 385 U.S. 538 (1967), that the trial judge first had determined that the confession was freely and voluntarily given before allowing the jury to hear it, Jackson v. Denno, 378 U.S. 368 (1964). Accordingly, the state district court held an evidentiary hearing and determined that the confession was voluntarily given. This appeal is from that decision.
The record shows substantial evidence to support the ruling below. Normally, we would affirm without hesitation.
That report was delivered to the district attorney and was never disclosed to defense counsel notwithstanding a pre-trial court order admonishing the prosecutor to submit to defense counsel all evidence favorable to the defendant.
Dr. Toller finally did testify — almost four years later at the post-conviction hearing we are now reviewing. He explained his report and testified, in substance, that the mental illness from which Wallace was suffering shortly after the homicide was an emotional reaction that did not impair his intellect. This testimony together with other evidence impelled the district court to conclude that Wallace voluntarily gave his confession. Post-conviction relief, therefore, was denied. That court did not decide the suppression issue which arose during the hearing since it was beyond the scope of the remand from the federal appellate court. This, we think, was error. The issue was tendered as soon as defense counsel became aware of it.
The prosecutor cannot be allowed to suppress evidence which is relevant to the charge and prima facie favorable to the accused. It is a violation of due process for the prosecutor to withhold exculpatory evidence, and his motive for doing so
The relevancy of the Toller report cannot seriously be questioned. It bore directly upon the mental condition of the accused, the reliability of his confession, and the degree of his guilt. The testimony of Dr. Toller given four years later at an evidentiary hearing before the court cannot possibly cure the infirmity of the original trial where the jury ultimately had to decide the mental condition of Wallace as it related to the reliability of his confession and the degree of his guilt. The jury was precluded from giving careful consideration to all relevant evidence by reason of the prosecutor’s suppression of the Toller report. The inevitable consequence of the prosecutor’s misconduct is a clear denial of a fair trial, and the need
The conviction is set aside and this case is remanded to the district court for a new trial.
On direct appeal we affirmed the district court on that issue. Wallace v. State, 84 Nev. 603, 447 P.2d 30 (1968). Moreover, we believed that the intendment of Jackson v. Denno, supra, had been met, although that point was not squarely presented and we, therefore, did not discuss it.
Present counsel for the State did not handle either the trial or the direct appeal from the judgment of conviction. Both occurred before the last general election following which a new district attorney took office.