Meyer v. State

• Decision Date: 19 December 2003
• Docket Number: No. 36820.,36820.
• Parties: Adam Ray MEYER, Appellant, v. The STATE of Nevada, Respondent.
• Court: Nevada Supreme Court

80 P.3d 447

119 Nev. 554

Adam Ray MEYER, Appellant, v. The STATE of Nevada, Respondent.

No. 36820.

Supreme Court of Nevada.

December 19, 2003.

Law Office of David R. Houston and David R. Houston, Reno; Kenneth E. Lyon III, Reno, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

Before the Court En Banc.¹

OPINION

AGOSTI, C.J.

Appellant Adam Ray Meyer was sentenced to a minimum term of ten years in Nevada State Prison after a jury convicted him of one count of sexual assault. Meyer alleges several errors on appeal, including juror misconduct.² Having considered his assignments of error, we reverse Meyer's sexual assault conviction. We specifically address his arguments regarding juror misconduct in order to clarify the standard of review in cases involving jury tampering or juror misconduct during deliberations.³

FACTS

On October 19, 1999, Meyer's estranged wife Catrina contacted Reno police about serving a temporary protective order (TPO) upon Meyer. Catrina called the police because Meyer damaged her car earlier in the day. After talking with the police, Catrina called Meyer and told him to meet her at Sneakers Bar. Catrina testified that she intended to call the police again to serve the TPO once Meyer arrived at Sneakers. Catrina consumed a considerable amount of alcoholic beverages while waiting for Meyer, and after he arrived, the two drank and talked for a few hours.

At approximately 10:00 p.m., a call was made from Sneakers to the police about a domestic disturbance. Officer Plumb responded and came into contact with Catrina and Meyer. Meyer falsely identified himself as Catrina's boyfriend and gave his name as "Eric" to Officer Plumb. Because Officer Plumb had no knowledge of Catrina's earlier calls regarding domestic violence, he allowed an intoxicated Catrina to leave Sneakers with Meyer.

Just before midnight, Robert Hunt, Catrina's boyfriend, received a call from Meyer. Hunt testified that Meyer was hostile and threatening and asked about Hunt's sexual relationship with Catrina. Hunt indicated Meyer told him that Meyer had his fingers inside of Catrina and Hunt could hear Catrina saying "please don't do this, please stop" over the phone.

As a result of what he heard, Hunt called the police. Officers were dispatched to Catrina's residence. Prior to their arrival, Meyer was contacted at the residence by telephone, however, he hung up and refused to talk to the police. When the police arrived at the residence at approximately 2:00 a.m., no one answered the door. The police broke down the front door and officers found Catrina wrapped in a blanket in her bedroom. She appeared frightened, had blood on her hands, various scratches and bruises over her body, as well as significant injuries to her mouth and lips. Catrina also had a series of little raised bumps all over her scalp. Catrina told officers that she had been forced to leave the bar with Meyer and that he had beaten her and "shoved his hand up her ass." Catrina indicated that Meyer had left the residence before the police arrived. Catrina also gave the police written statements that night.

A sexual assault examination revealed injuries to Catrina's anus consistent with forced digital penetration. Meyer's semen was found in Catrina's vagina. Catrina indicated she couldn't remember vaginal sex with Meyer, but she did not consent to anal penetration.

The police were unable to immediately locate Meyer. He was arrested nine weeks later near the Arizona/Mexico border. Meyer was charged with one count of kidnapping (for forcing Catrina to leave Sneakers with him) and one count of anal sexual assault.

Catrina's grand jury testimony mirrored her oral and written statements to the police. After the grand jury indictment, Catrina spoke to Meyer while he was incarcerated awaiting trial. In April 2000, Catrina contacted defense counsel and indicated that she wished to recant her previous testimony. Catrina now indicated that she was grossly intoxicated on the day of the event, she remembered consenting to vaginal sex, and that she could have consented to anal sex.

At trial, Catrina indicated that she did not remember calling the police from the bar and that she asked Meyer to take her home because she was drunk. She remembered throwing up at some point, but she did not remember any other details, including whether she and Meyer had sex or how she received her numerous injuries. Catrina denied that she told the officers she was raped and said that even if she did make such a statement, it was a lie. Catrina also suggested that her injuries were the result of falling down while intoxicated and that she bruised easily because she was taking the prescription medicine Accutane. Finally, on cross-examination, Catrina indicated that she and Meyer had previously engaged in rough sex, including anal sex.

In addition to Catrina's testimony and prior statements, the State presented evidence regarding Battered Woman Syndrome, Catrina's 911 calls to police, photographs of her injuries, a videotaped interview that Catrina gave to the police the day after the incident, medical testimony regarding the sexual assault examination and findings, Hunt's testimony about his phone call with Meyer, and the responding officers' observations. The State also presented expert medical testimony from Dr. Ellen Clark, who indicated that Catrina's injuries were consistent with being punched and kicked and were not consistent with falling down due to intoxication. Dr. Clark also indicated that the injuries were not the result of Accutane side effects. On cross-examination, Dr. Clark agreed that someone hitting the toilet bowl while vomiting might cause the lip injury and that bumping into a door jam could have caused a shoulder injury.

Meyer testified and indicated that he went to Sneakers at Catrina's request. She was intoxicated and left with him voluntarily. He admitted that he gave the police false information because he feared that he might be taken to jail. Meyer indicated that falling down and bumping into various items that night caused Catrina's injuries. He admitted to having vaginal intercourse with Catrina and digitally penetrating her anus, however, he stated both acts were consensual. Meyer also disputed Hunt's version of the phone call. Finally, Meyer testified that he was not fleeing the country when he was arrested but was on vacation for seven weeks with his girlfriend, although he admitted that he knew at least two days after the incident that the police were looking for him.

Meyer presented testimony from three experts. Dr. Donald Henrikson indicated that Catrina's injuries were consistent with falling down or bumping into items. He indicated the anal injuries were minor and that the small bumps on Catrina's head could be acne, though they were more likely to have been caused by "minor blunt force injury." Dr. Thomas Turner testified about alcoholism and alcoholic blackouts. He opined that Catrina suffered such a blackout on the night in question and that her statements were probably the result of conversations with others rather than a true memory of what happened. Finally, Diane Faugno, a registered nurse and sexual assault examiner, testified that Catrina's injuries were inconsistent with being hit and kicked in the head, though the lip injuries were consistent with being hit. Faugno had no opinion regarding the source of the small bumps on Catrina's head. Faugno indicated she saw nothing in the evidence she reviewed that suggested a violent, nonconsensual sexual assault, but she admitted she could not rule out sexual assault. Meyer's expert witnesses did not attribute Catrina's bruises to the side effects of Accutane.

The State and Meyer produced additional witnesses who presented conflicting evidence about Catrina's appearance, statements, or attitude before and after the incident. Finally, the State introduced evidence of a prior domestic violence incident involving Meyer.

The jury acquitted Meyer of first-degree kidnapping but found him guilty of sexual assault. After speaking with jurors, Meyer filed a motion for a new trial based upon alleged jury misconduct. The district court denied the motion, and Meyer timely filed this appeal from the conviction and the order denying the new trial.

DISCUSSION

I. Standard of review

"Juror misconduct" falls into two categories: (1) conduct by jurors contrary to their instructions or oaths, and (2) attempts by third parties to influence the jury process.⁴ The first category includes jurors failing to follow standard admonitions not to discuss the case prior to deliberations, accessing media reports about the case, conducting independent research or investigation, discussing the case with nonjurors, basing their decision on evidence not admitted, discussing sentencing or the defendant's failure to testify, making a decision on the basis of bias or prejudice, and lying during voir dire.⁵ It also includes juror incompetence issues such as intoxication.⁶ The second category involves attempts to influence the jury's decision through improper contact with jurors, threats, or bribery.⁷

A denial of a motion for a new trial based upon juror misconduct will be upheld absent an abuse of discretion by the district court.⁸ Absent clear error, the district court's findings of fact will not be disturbed.⁹ However, where the misconduct involves allegations that the jury was exposed to extrinsic evidence in violation of the Confrontation Clause, de novo review of a trial court's conclusions regarding the prejudicial effect of any misconduct is appropriate.¹⁰

Nonetheless, "[n]ot every incidence of juror misconduct requires the granting of a motion for [a] new trial."¹¹ "Each case turns on its own facts, and on the degree and pervasiveness of the prejudicial influence possibly...