Guynes v. State, 8894
| Citation | 558 P.2d 626,92 Nev. 693 |
| Decision Date | 21 December 1976 |
| Docket Number | No. 8894,8894 |
| Parties | Daniel Edwin GUYNES, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Supreme Court of Nevada |
Morgan D. Harris, Public Defender and Stephen L. Huffaker, Deputy Public Defender, Clark County, Las Vegas, for appellant.
Robert List, Atty. Gen., Carson City, George E. Holt, Dist. Atty., and H. Leon Simon, Deputy Dist. Atty., Las Vegas, for respondent.
After having entered a plea of not guilty, by reason of insanity, Daniel Edwin Guynes was convicted, by jury verdict, of attempted robbery. In this appeal the only cognizable contentions of error, none of which have merit, are directed to (1) the jury instruction that the accused was required to prove claimed insanity by a preponderance of the evidence; (2) the judge's failure to make a 'specific' finding that Guynes's confession was voluntary; and, (3) alleged prosecutorial misconduct.
The robbery attempt was thwarted when the would-be victim drew a weapon and ordered Guynes to lie on the ground. After the police arrived Guynes spontaneously declared he was sick and needed the money. After the police advised him of his rights, Guynes again volunteered an inculpatory statement.
1. In support of his first assignment of error, Guynes erroneously contends that the decision in Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975), makes it constitutionally impermissible to place the burden on him to prove insanity, because it is an element of the charged crime and, therefore, must be proven by the State. See Phillips v. State,86 Nev. 720, 475 P.2d 671 (1970), where this court held that insanity is an affirmative defense which the defendant must establish by a preponderance of proof. This holding is neither offensive to, nor incompatible with, the decision in Mullaney, or with any other High Court pronouncement. See, for example, Leland v. Oregon, 343 U.S. 790, 72 S.Ct. 1002, 96 L.Ed. 1302 (1952), which holds that there is no constitutional requirement that the state must shoulder the burden of proving the sanity of an accused. See also the concurring opinion in Mullaney, 421 U.S. at 704--706, 95 S.Ct. 1881, wherein Chief Justice Burger joined with Mr. Justice Rehnquist in a cogent recognition and analysis of the question, which is in accord with our holding.
2. Guynes also contends the district court erred by admitting his confession without first holding an evidentiary hearing to determine its voluntariness, pursuant to the mandate of Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964). A Jackson hearing is required only when the defendant challenges the voluntariness of his confession. Lego v. Twomey, 404 U.S. 477, 92 S.Ct. 619, 30...
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Bishop v. State
...was not clear that the evidence was unconstitutionally obtained, we need not consider its admissibility on appeal. Cf. Guynes v. State, 92 Nev. 693, 558 P.2d 626 (1976); Hampton v. State, 85 Nev. 720, 462 P.2d 760 (1969). 3. Appellant argues that the death penalty is cruel and unusual punis......
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...defendant to challenge the voluntariness of his admissions or confessions and to request the appropriate hearing. Guynes v. State, 92 Nev. 693, 695, 558 P.2d 626, 627 (1976). Appellant's failure to request a voluntariness hearing below precludes appellate consideration of this matter as wel......
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