Kirksey v. State, No. 20852
| Docket Nº | No. 20852 |
| Citation | 814 P.2d 1008, 107 Nev. 499 |
| Case Date | July 12, 1991 |
| Court | Supreme Court of Nevada |
Page 1008
v.
The STATE of Nevada, Respondent.
Morgan D. Harris, Public Defender and Robert Miller, Deputy Public Defender, Clark County, Las Vegas, for appellant.
Frankie Sue Del Papa, Atty. Gen., Carson City, Rex Bell, Dist. Atty., and William P. Henry, Deputy Dist. Atty., Clark County, Las Vegas, for respondent.
[107 Nev. 500] OPINION
PER CURIAM:
I. FACTS
In the late evening of May 3, 1988, and early morning of May 4, 1988, appellant Jimmy Todd Kirksey and Jerry Wayne Jordan
Page 1009
met Eva Marie Kearns. Kearns had recently been beaten by her boyfriend, Michael Foxx. Kirksey told Kearns and Jordan that he wanted to talk to Foxx and teach him a lesson.The three went to Foxx's motel room and knocked on the door. When Foxx opened the door, Kirksey forced his way in and began beating Foxx. Kirksey immediately knocked Foxx onto the bed and then sat on Foxx's chest and hit him about the face and head. Kirksey then dragged Foxx onto the floor and continued to kick and beat Foxx about the face and head. The beating ruptured an aneurism in Foxx's brain, killing him. Kirksey later told a police officer that he intended to kill Foxx.
On October 2, 1989, without the benefit of any plea negotiations, Kirksey pleaded guilty to one count of murder in the first degree. Kirksey entered his plea despite being informed on the record that the state would seek the death penalty and that his plea could result in a sentence of death.
On October 3, 1989, the state filed its notice of intent to seek the death penalty. That notice listed one aggravating circumstance, that Kirksey had previously been convicted of another murder or felony involving the use or threat of violence to the person of another.
At the penalty hearing, Kirksey's counsel informed the court that Kirksey had instructed him not to challenge any of the aggravating circumstances presented by the state, not to present any mitigating circumstances, and not to make any opening or closing statements. Kirksey also requested that he be allowed to [107 Nev. 501] make a statement to the court when the state finished presenting its case.
The state then presented evidence of the beating that resulted in Foxx's death. The state also presented evidence that Kirksey robbed and attempted to kill a pizza delivery man in California, and that Kirksey robbed and beat an elderly couple in California. Further evidence was presented regarding Kirksey's involvement in the shotgun murder of a bar owner in California, and of Kirksey's involvement in the beating and stabbing death of his estranged girlfriend in California. The state then presented evidence that Kirksey had threatened to kill again if he was not executed. Finally, the state presented a letter written by Kirksey to the court in which he stated that if he had the power to bring all of his victims to life, he would do it so he could murder them again.
Throughout the penalty hearing, Kirksey instructed his counsel not to object to any of the evidence presented by the state. The court also canvassed Kirksey extensively regarding his decision not to challenge the aggravating circumstances and not to present any mitigating evidence. At the close of the state's case, Kirksey made the following statement to the court:
THE DEFENDANT: Right now? Well, everything that's happened here today, okay, the letter, everything, everything I did, okay?
I wrote the letter to you, right? Saying what I did. I did that, Okay? When the detectives came in here, they said what happened in California. All that happened. All right? Okay? All of it.
You know, I'm guilty of all that. I don't feel no kind of remorse about it. Ain't nothing in my heart but hate, you know, that's it.
I might feel a little bit bad about the girl, but nobody else. You dig? That's it.
The three judge panel determined that three aggravating circumstances existed and that no mitigating evidence was produced at the penalty hearing. Therefore, the panel returned a sentence of death.
On January 12, 1990, the district court entered the formal judgment of conviction, and this appeal followed. On February 1, 1990, Kirksey, through his counsel, filed in the district court a motion to withdraw his notice of appeal. The motion was later supplemented with a note written by Kirksey to his counsel, which stated:
I dont [sic] want no appeal. I said...
To continue reading
Request your trial
-
State v. Dodd, No. 57414-6
...is competent. 10 The Supreme Court of Nevada reviews the competency determination when it reviews the sentence. Kirksey v. State, 107 Nev. 499, ----, 814 P.2d 1008, 1010 (1991). The Indiana Supreme Court conducts a hearing, to determine if the defendant is competent to waive his general app......
-
Kirksey v. State, No. 25540
...guilty and for which he was sentenced to death are contained in our opinion resulting from Kirksey's direct appeal. See Kirksey v. State, 107 Nev. 499, 814 P.2d 1008, cert. denied, 502 U.S. 989, 112 S.Ct. 603, 116 L.Ed.2d 626 On February 28, 1992, Kirksey, through counsel, 1 filed a petitio......
-
Beets v. State, No. 20694
...2. JONES 21796 Guilty Plea Death 3. REDMEN 21729 Split Jury Death 4. BEETS 107 Nev. """", 821 P.2d 1044 (1991) Split Jury Death 5. KIRKSEY 107 Nev. 499, 814 P.2d 1008 (1991) Guilty Plea Death 6. BAAL 106 Nev. 69, 787 P.2d 391 (1990) Guilty Plea Death 7. FLANAGAN I 105 Nev. 135, 771 P.2d 588......
-
Kirksey v. Warden, No. 49140.
...circumstances found by the three-judge panel should not have been considered but affirmed the conviction and sentence. Kirksey v. State, 107 Nev. 499, 814 P.2d 1008 (1991). The remittitur issued on December 18, 1991. On February 28, 1992, appellant, with the aid of counsel, filed a petition......
-
State v. Dodd, No. 57414-6
...is competent. 10 The Supreme Court of Nevada reviews the competency determination when it reviews the sentence. Kirksey v. State, 107 Nev. 499, ----, 814 P.2d 1008, 1010 (1991). The Indiana Supreme Court conducts a hearing, to determine if the defendant is competent to waive his general app......
-
Kirksey v. State, No. 25540
...guilty and for which he was sentenced to death are contained in our opinion resulting from Kirksey's direct appeal. See Kirksey v. State, 107 Nev. 499, 814 P.2d 1008, cert. denied, 502 U.S. 989, 112 S.Ct. 603, 116 L.Ed.2d 626 On February 28, 1992, Kirksey, through counsel, 1 filed a petitio......
-
Beets v. State, No. 20694
...2. JONES 21796 Guilty Plea Death 3. REDMEN 21729 Split Jury Death 4. BEETS 107 Nev. """", 821 P.2d 1044 (1991) Split Jury Death 5. KIRKSEY 107 Nev. 499, 814 P.2d 1008 (1991) Guilty Plea Death 6. BAAL 106 Nev. 69, 787 P.2d 391 (1990) Guilty Plea Death 7. FLANAGAN I 105 Nev. 135, 771 P.2d 588......
-
Kirksey v. Warden, No. 49140.
...circumstances found by the three-judge panel should not have been considered but affirmed the conviction and sentence. Kirksey v. State, 107 Nev. 499, 814 P.2d 1008 (1991). The remittitur issued on December 18, 1991. On February 28, 1992, appellant, with the aid of counsel, filed a petition......