Warren Robert Standen v. Harol Whitley

ary Additionally, segregation that the Pro- claim .Conner asserts as to Defendant San- 465(2), din; § prayer which gram violates Haw.Rev.Stat. claim as to Defendants Paa- Lee; practice psychology ga requires those who to be and the denial access claim as Sandin, Lee, presents a contention a state Paaga, licensed. Such Defendants and Mar- claim-, Pennhurst, Summary is under judgment upheld law which barred shal. is on all at' 919. U.S. S.Ct. other claims and as to all other defendants.' The district court’s denial of motion Conner’s Warnings 9. 106 Minor Misconduct summary judgment is affirmed. Conner claims that he was harassed PART, AFFIRMED IN REVERSED IN prison through officials numerous 106 warn- PART, AND REMANDED. ings. These are written citations that disciplinary

themselves lead to no action but disci-,

the accumulation of which lead to i

plinary segregation, warnings infringe if

Even such on a interest,

protected liberty there is no consti until the

tutional violation inmate unless placed segregation disciplinary is STANDEN, Warren Robert warnings. the accumulated result of Conner Petitioner-Appellant, any has not set forth facts that indicate that warnings any he received resulted in Therefore, punishment. sup failed has WHITLEY, al., Respondents- Hard et port this claim. Appellees. 10. Retaliation Claim No. 91-16422. Finally, Conner contends that the defen- Appeals, United States Court of against him dants have retaliated for his Ninth Circuit. jailhouse However; lawyer. as a

activities allegations supported by none of his is Argued and Submitted March 1993. complaint. Summary affidavit or verified Decided June judgment on this issue is therefore affirmed. Summary B. Conner’s Cross-Motion for

Judgment foregoing makes clear that discussion might issues on which Conner summary judgment disciplin-

entitled to are Arabic,

ary segregation, prayer in and denial presented genuine The state access. has each,

issues of material fact as to of these

claims. The court’s district ‍​​​‌​‌​‌​‌​‌‌‌‌‌​​​‌​​​​‌​​‌‌​​​​‌‌‌‌​​‌​​‌‌​‌​‌‍denial Con- summary judgment

ner’s cross-motion for

therefore affirmed.

..II. grant

The district court’s of the defen- summary judgment

dants’ motion for is re- disciplin-

versed on the issues: punishment, summary judgment. lacks unusual Conner’s contention specificity necessary to defeat a motion for Reno,

Kaylyn in a Danner lived Nevada children, ages trailer with her three separated and 10. had been from her She evening of husband for four months. On the January her husband came to see p.m. her at the trailer. He left about 10:00 Kaylyn Danner visited her friend Jeannie p.m. approximately аt 11:00 She was Sweet night midnight at begin due to shift at Street, the Monte Carlo Casino on Sixth Reno, a seven minute drive from about residence. left Sweet’s She Jeannie Sweet approximately p.m. 11:40 for the casino at No witness saw her alive Kaylyn body Danner’s was found the next day, lay February 1. It on a turnoff from a Nevada, Sparks, dirt 5.7 miles east of road the Monte Carlo Casino. The area at this up. unlight- date was not built The area was night. at ed Lambrose, John C. Asst. Federal Public Kaylyn Danner been had stabbed NV, Defender, Vegas, petitioner-ap- Las for times; fifteen back with knife stabbed six pellant. chest; deeply times in the scratched on the Gen., Atty. Higgins, Kevin G. Asst. Carson face; and cut on her hands. Her throat had NV, City, respondents-appellees. been slit. The hour of death could not be ascertained. Semen, body partly clothed. hours, vagina,

older than 48 was in her but the medical examiner did not detect trauma GOODWIN, Before: NOONAN and T.G. say genitals to her and was unable to NELSON, Judges. Circuit raped. fingers Her she had been lifeless NOONAN, Judge: Circuit key. body clutched her office Near the were boots, papers apparently dumped her from degree Convicted of murder the first purse, her and the broken cover of the dome- imprisonment to life and sentenced car, light of a later determined to be hers. parole, Warren Robert handgun glove .22 сaliber she carried corpus. seeks a writ of habeas At card, compartment, her credit and a little original plea guilty, trial his which he disappeared cash never found. were withdrawn, lawfully was introduced prosecution, was instructed On the of the murder a householder the court that the could be consid- lights at a distance observed the tail of two against ered as evidence hold Standen. We pull cars into the turnoff on 31—one deprived that this instruction of due p.m., p.m. at about 6:00 one at about 10:30 process law and had substantial lights The tail went out. He saw no more. injurious determining effect in the verdict of Two to three miles from where the jury. therefore order that the writ We Stop. 76 Truck was found was Sierra Sid’s issue. Kaylyn yellow Danner had been Camaro driving was found the zone reserved

FACTS domelight at Sid’s. The car’s trucks Sierra splattered Blood had The evidence had been broken. interior, window, windowscraper, following: one showed the purse, pants, the hood. had before and whom he telephoned pantyhose, panties the back seat. Holiday Inn in an by Ryan effort arrange a 24-mile roundtrip Mustang later, days Three a search Ranch, legal brothel. According Ryan’s Scouts, Explorer high school students first police, statement to the Standen was not auxiliaries, used as found a trucker’s wearing a carrying any оbjects; coat nor at logbook 5 to 7 feet off a dirt road. The trial he nothing remembered about Standen’s logbook was either discovered 998 feet or until clothes his first statement was read 3500 feet from where the had 'been back to him. (different being supplied by found distances witness). book, green The the same note- Three minutes into the ride Standen asked snaps, book with contained the name of ah Ryan stop. to return to the truck According Carnivals, employer, City Fun and of a Ryan’s to police, first statement to the Stan- Fun, working City trucker Warren den forgotten said he had sup- that he was logbook The entries in ended posed to meet someone at stop. the truck 1977, except telephone November Ryan’s According to trial testimony, Standen Motel, number of the Eldorado Reno and the forgotten said he had something. Standen “Larry, Larry, Larry.” name The book had re-entered Sierra anyone Sid’s and asked if three, only indecipherable fingerprints. logbook; had seen a then went to look for it worker, Standen was an itinerant carnival in the restaurant. He did not ask the cab to Rome, originally from New York. He had an subsequent wait. His movements that IQ City of 65. He had worked for of Fun known, are not eventually but February on laborer, operator, Carnivals as a ride motel, he checked into another Reno the B- Octоber-November, 1977; log- driver his J. trips enterprise. book reflected his for this A warrant was issued for flew, Standen’s arrest January Chicago On 1978he from to July for murder. On appre- 1978 he was Holiday Reno and checked into the Inn on jail hended in a County, Monroe New p.m., Sixth Street. He checked out at 1:32 York, Larry under the alias of Mattson. January 1978. journey the course of the back to Nevada for adjacent Holiday Inn is to the Monte told deputies that he had manager duty Carlo Casino. on crime; they not committed the evening of the 31st was familial' with Standen (“now logbook to”); his I know where went sought because he had refunds on American that he would make an ass out of the district him, Express travellers’ checks. She noticed attorney; that he knew who had committed someone, apparently waiting lobby yet the murder and would not be a snitch he Holiday Inn p.m. between 11:20 would reveal the name after his own convic- p.m. wearing 11:40 He was an overcoat or tion; if and that found the man who object raincoat carrying and was Larry card, they used Mattson’s credit would logbook. have been his you’re guy looking “find the for.” Standen was next observed at Sierra Sid’s person along had the credit card on his with Sparks. approximately time was papers identifying Larry other him as Matt- a.m., February 1. telephone 12:20 He used a son. at Sid’s to call a cаb. He looked welb Sierra groomed, just not like a man Larry had been in Mattson was a businessman from Johnson, Klamath, fight. According Betty Oregon to who had been Reno on Sid’s, manager casino at January Sierra “He He 1978. testified that his wal- let, card, license, attractive-looking, go- clean and pi- like he was his credit driver’s ing something.” up missing” out on date or The cabdri- lot’s license “came on this date. ver, Ryan, pick Kevin entered Sierra Sid’s He believed loss must have occurred up. got into the cab and sat in noon on the 31st used the after as ' seat, making the front no effort to avoid card to check into the Eldorado Motel. He 1st, being February composеd. apparently seen. He looked neat and out on checked Ryan recognized passenger using reported him a he had the card He the credit being company the murder. He denied credit card on time of to the

card loss February February early morning Sierra Sid’s February 7th and Holiday that when he left the 1978. He said put belongings in Inn on 31 he used since its card had been The credit Santmeyer the car of a man named Paul February 1 it was used disappearance. On across from the bus moved to the B-J Motel (one later determined to be two men to check depot lodgings in Reno where he shared with ‍​​​‌​‌​‌​‌​‌‌‌‌‌​​​‌​​​​‌​​‌‌​​​​‌‌‌‌​​‌​​‌‌​‌​‌‍Standen) the B-J Motel. On into Mattson, Santmeyer, Larry рerhaps one buy two bus tickets from it was used stayed other. He said he there two weeks It was then used in Végas. Las Reno to Las Larry although Santmeyer left Mattson into the Hotel Neva- Vegas check two men deputies shortly the move. When the after day da; The next was one of them. pointed out that the motel records showed he signa- rent a car. The card was used to the stayed had at the motel one or two forged on all Larry Mattson was ture of nights, they stayed said that in he then slips by a hand that could not be these credit Santmeyer’s person car. He said that the identified. responsible for the murder was “Ron.” He forged slips Bellingham, led to trail of The handgun. .22 sаid Ron had showed him a made a half- Washington, where Standen sought Subsequently post-convic- attempt to rented sell car. hearted relief, alleging tion that he had not entered was used and the Matt- Thereafter the.card knowingly understanding^. plea or forged by signature Standen. On Febru- son judge taken his same 17, in ary car was abandoned Flori- 1979 the petition appeal, heard this and denied it. On apprehended in New was da. When Standen reversed, Supreme of Nevada stat- Court pa- had the Mattson card and York he still ing: very plea “It is clear that Standen’s was pers. knowingly understanding^.” not entered or vagi- in The semen found State, 99 Nev. 657 P.2d Type the donor was se- na indicаted passing, In the court that noted Type A has blood as does cretor. Standen pa- was “an illiterate former mental population male of the percent of the grade tient” with a sixth education and that hairs found Dan- United States. Pubic charge charge open murder did not undergarments consistent with ner’s degree. even mention murder the first Id. provided by Hairs specimens nn. 1-2. 657 P.2d at 1160 of the Camaro were found the back seat head. with hairs from his consistent Under amended information Standen charged was with murder the use ' PROCEEDINGS deadly weapon. On 1983 he October guilty. pleaded not Prior to he moved September complaint charg- On prior evidence of the limine to exclude An ing “open murder” was read to Standen. granted. guilty plea. The motion was Trial apprise open charge does not murder began July During the trial coun- his nor that of the elements of the crime accused to show that the had acted sel tried degree. An informa- it is murder in the first (cid:127) by'prematurely disposing improperly of evi- charging was read to tion the same offense following up dence and not leads to other 2, 1978, pleaded November and he response possible perpetrators. The obvious In 1979 the filed’ guilty. state questioning, that to this line of Standen had pen- the death notice of its intention seek pleaded guilty, impossible 'under the plea alty. Negotiations for a ensued. On ruling. warnings unheeded court’s After changed plea his pursue counsel not to this kind of defense guilty. life without He was sentenced to questioning trial admitted evidence court parole. plea. of Standen’s request then in- At'his own Standen was immediately asked the Prison Defendant’s counsel terviewed at the Nevada State jury plea could court to instruct the gave some account of his activities near guilty only upon not be considered as evidence. The defendant consideration of by stating: responded request to this all the evidence in the case. Gentlemen, Ladies and the instruction any was also instructed that you will be at the close of the trial that “statement” that the defendant did not make case on the of the cannot decide this basis voluntarily disregarded. must be guilty plea alone. told, instruction, separate was also words, you say pled In other can’t he the Nevada Court had set aside guilty previously, guilty, there- must plea ground “on the going fore we’re to find him You involuntary because he did not of all must decide the ease basis charge against understand the nature of the here him.” it all court. You must consider and then closing argument his you the case. And con- decide must be asked, prosecutor “What does the vinced, course, beyond a reasonablе tell question us?” and answered his own doubt. “ person of the defendant: T was aware (defense counsel): MR. Your SEXTON facts’; attorney was aware Honor, you saying are then that can facts; they discussed it all.” any purpose consider this for at all? prosecution’s evidence included the- They THE can all COURT: consider the addition, already facts we have stated. In happens evidence in the ease and that voluntary Standen’s statement at the Nevada part of the evidence. But cannot introduced, State Prison was and the state guilty decide that he is on that basis alone. Santmeyer Paul as a witness to objected The defense to this instruction. refute presence Standen’s account of his The defense then called as a witness Fred Santmeyer Reno. testified he had never Atcheson, who had worked case been in Nevada before and that he knew Public Defender’s Office 1979. On cross- Standen as a fellow inmate of a state examination, the asked the fol- Rome, for school the retarded New York. lowing questions and received the guilty degree Standen was found of first answers: § murder in violation of Nev.Rev.Stat. 200.- Q: You are familiar with what a committing 030 and of a murder with the use is, plea you? aren’t deadly weapon, enhancing punish- of a his A: Yes. equal ment id. to a term the under 193.165 Q: And that is the facts? admission the imprisonment by term of described the stat- prior A: It’s both a waiver of all defects 15, August ute for the crime. On 1984 he entry plea and it’s also the was sentenced to two consecutive sentences admission as to the essential elements parole. of life without the of an indictment or information per opinion Supreme In a curiam the against a defendant. State, Court of Nevada affirmed. Standen v. bring on to cross-examination went out (1985). court, 725, 101 Nev. 710 P.2d 718 pleading guilty that before his counsel had on noted that the trial court’s instruction gone over the of his case with elements Stan- guilty plea part of the evidence use of the as den. prior guilty plea “A that has was erroneous: proposing jury instructions judicially legally withdrawn or invali- been again end the defense asked to have dated is deemed never existed excluding plea and for an instruction as evidence.” Id. 710 should not be used objected actually to the instruction the court very briefly reviewed P.2d at 720. The court gave. jury: The court told the against and concluded: the evidence Standen may evidence guilty You not find the defendant “Where there is substantial verdict, support jury this Court solely ground that he record to this case Id. previously pled appeal.” the verdict on guilty. You find the will not disturb right by jury, cf., petition post-conviction to a fair trial filed a Standen Cochran, 506, 516, judge Carnley the same v. 369 U.S. was heard relief. It 884, 890, (1962); original and who S.Ct. 8 L.Ed.2d 70 and the had taken his petition that it presided at trial. The state does not contend does. then his Supreme appeal to the denied. On Nevada Legally, plea longer no had the effect Court, represented ap- himself. His Supreme of a conviction after the Nevada opinion, peal was dismissed permitted its withdrawal. The Court State, 104 Nev. 809 P.2d every admission of element of the crime re- petition an amended for ha- Standen filed mained, damning jury force when the corpus in district court on beas the federal plea part was told it could consider the court Decembеr 1988. The denied Stan- the case before it. Standen could hot have request appointed counsel. On den’s plea had a fair trial when his withdrawn magistrate judge filed a re- June against him. constituted denying peti- port and recommendation jury put together If the the instruc report tion. The and recommendation were tion that it not consider statements of Stan- adopted order of the district court in involuntarily den made instruction September 1990. that the Nevada Court found appealed. On December involuntary, to be granted this court certificate of guilty plea at would not have considered the May probable appoint- cause. On 1992 it all. But the had twice been told represent ed counsel to trial court that was evidence gave it. trial before When the contra ANALYSIS instructions, dictory pre cannot be sumed to have the correct one. chosen Unit comprehensive search has discover (5th Panter, 268, ed States v. 688 F.2d 270 ed no case on all fours with this one'—no case Cir.1982). jury a court told a that a withdrawn where part against of the evidence Court of the United States exists, If no it the defendant. such case is distinguished has two kinds of constitutional because it contradicts the character of a trial structural, error in trial: destructive of guilt to ask a tó consider a defendant’s n suchbasic elements as an tribunal, impartial specific testimony ‍​​​‌​‌​‌​‌​‌‌‌‌‌​​​‌​​​​‌​​‌‌​​​​‌‌‌‌​​‌​​‌‌​‌​‌‍terms of and also counsel, public competent and and those plea plea terms of his own impacting rights “trial errors” constitutional ‘ no “mere or an extra admission destroying structure. Ari trial’s confession; judicial it is itself a conviction. — Fulminante, -, zona v. U.S. Like of a a verdict is conclusive.” -, 1246, 1264-65, 111 S.Ct. 113 L.Ed.2d States, 220, Kercheval v. 274 United U.S. (1991); California, Chapman 302 v. 386 U.S. (1927). 223, 582, 583, 47 S.Ct. 71 L.Ed. 1009 8, 18, 824, 8, n. 23 87 S.Ct. n. 17 L.Ed.2d 827 A fair trial cannot be had if the must (1967). classify 705 It is difficult to evidence, weigh pro with all the other constitutional error here terms of these con, overwhelming piece the one of evidence: deny alternatives. The error did not Stan- pleaded guilty. the defendant impartiаl judge jury, competent den an counsel, public

That the tactics of Standen’s counsel had or a trial. But the error provoked allowing presentation the trial court into the made the of a defense a vain evidence, plea in -can “either court’s error exercise. error aborted the ba invited, -catalogued process, altogether.” thus be does not miti sic trial or denied it Clark, 6, gate n. what was done. The defendant is bound Rose v. 478 U.S. 578 106 (1986) strategic 3106 n. 92 460 his counsel’s decisions. United S.Ct. L.Ed.2d (9th (citations Martinez, omitted). effectively v. F.2d 755 The error de Státes 883 Cir.1989), grounds stroyed vacated on other 928 F.2d the trial itself. The structure of the (9th Cir.1991). strategy But trial was undermined as the trial itself bе counsel’s empty cannot be held to have acted as a waiver of came an shell. error, appellate as a structural the ad between review

Considered to determine of, on, guilty whether an judgment mission and instructions error affected a appellate cannot be neutralized harmless error the usual review to determine analysis. Chapman, 386 U.S. at 87 S.Ct. whether there is sup substantial evidence to However, may port judgment.” Roger Traynor, at 827. structural error The Rid Fulminante, Error, (1970). wrong classification. See dle Harmless Review — at -, Rather, “requires U.S. S.Ct. at 1265. for harmless error pains the most type properly taking this of error is more character examination of the record and the “trial-type perceptive ized as error” —an “error which most proba reflections as to the during presentation occurred of the case bilities of the effect of error on a reasonable jury, and which therefore be trier of fact.” duty Id. 30. This quantitatively assessed the context of oth meticulous review of the par record becomes ticularly er evidence significant application order determine of the Kot- — Brecht, at -, its whether admission was harmless.” Id. at teakos standard. U.S. -, (Stevens, J., improper 111 S.Ct. at 1264. The ad 113 S.Ct. at 1722-25. concur guilty plea, ring). mission of a like the admission of confession, a coerced is “similar in both de No doubt the had a ease with- gree and kind to the erroneous admission of plea. out the intrusion of the Standen was types of other evidence” and is therefore Inn, present at Holiday Kay- near where analysis. amenable harmless-error Id. at abducted, lyn probably Danner was pres-

-, 111 S.Ct. at 1265. p.m., probable ent at 11:40 near the time of test, Consequently, apply we which is present abduction. Standen was at Sier- Sid’s, stringent petitioner, appropriate more ra not far from where her found, present in collateral of trial error. p.m., review Brecht at 12:20 a time — Abrahamson, U.S. -, -, arguably 113 S.Ct. close to the time the murder oc- (1993). 1710, 1720, 123 curred, although L.Ed.2d 353 This test in fact there is no evidence originally is the ‍​​​‌​‌​‌​‌​‌‌‌‌‌​​​‌​​​​‌​​‌‌​​​​‌‌‌‌​​‌​​‌‌​‌​‌‍test announced Kotteakos as to the hour of death of Danner. States, 750, 776, v. United 328 U.S. 66 S.Ct. Standen went from the casino to the truck 1239, 1253, stop apparent L.Ed. 1557 Under this for no reason and then called a granted only habeas city just standard relief must be taxi to take him back to the he had “ injuri if the trial error apparently ‘had substantial and left. Standen discarded his coat determining ous effect or influence in aon winter’s between the time he was ” n — Brecht, at -, jury’s verdict.’ seen in Reno in U.S. time he was seen Kotteakos, (quoting Sparks. logbook, 113 S.Ct. at 1711 Standen lost his 1253). Sid’s, thought U.S. at 66 S.Ct. at Even on this at Sierra and it was found not scale, Kaylyn the verdict in this case cannot be sal far from where was Danner’s vaged. weight parked The of the was found. Her ear was Sierra Sid’s. pieces prose being than all heavier the other He denied at Sierra Sid’s. He said he case; was, cution’s circumstantial its admission knew who the murderer and he alluded jurors, acquaintance being compa- must have affected the minds of the to an old in his ny days process short-circuited the of rational delib in the after the His blood murder. type eration and been harmful in that it the sense was consistent with semen found produced Kaylyn vagina, the guilty verdict. and his hairs were consistent with those found on her clothes.

The Nevada Court considerеd though appeal argued the ease as it not were which defense Standen did sufficiency Kaylyn of to commit If the evidence for conviction have time the crime. challenged. parking were Danner lot at the Monte looked to what entered the supported p.m. apart the conviction from Carlo Casino at 11:47 and was immedi- abducted, guilty plea erroneously ately approximately There admitted. is, is no basis in for a minutes to do the deed—that our law such review of 33 murderer, assumption constitutional error committed a state tri- that Standen was the striking al court. he had 33 minutes to commit the murder “There is a difference time, robbery. But the аp- of and his cide the course of between the abduction produce enough at 12:20 a.m. The evidence to make pearance at Sierra Sid’s state did time, officer driving calculated the conclusion irresistible that Dan- limit, driving speed minutes at the kidnapped. ner was Death was inflicted found, body was from the casino to where the kidnapping. If Standen the course of That minutes from there to Sierra Sid’s. kidnapping, in the he could be was involved abduction, fight left 16 proved guilty felony-murder. Payne v. minutes of victim, knifing, disposing of with the State, Nev. 406 P.2d 922 Fel- bloody garments any other his coat and ony-murder degree is first murder under found) (none ever short of which were —a was in- Nev.Rev.Stаt. 200.030. The enough. arguably time but felony of murder. structed on the elements prove that This evidence did not Standen, however, did The indictment of fatal blows unless it is assumed inflicted the murder, felony charge but read as fol- that he acted alone. The state conceded that lows: could “not exclude” MURDER WITH THE USE OF assumption another was involved. The WEAPON, DEADLY a violation of NRS supported was not Standen was alone 200.010, 200.030, 193.165, NRS and NRS to, contrary appears evidence and indeed felony, following: manner speed with which the ab- such clues as the evening That the defendant the late out; duction carried the use of a local A.D.1978, day of hours the 31st of by person turnoff who would not baсkroad early morning day and the hours of the 1st roads; local look- have known the Standen’s A.D.1978, thereabout, Sid’s; ing for someone else at Sierra filing before the of the Amended Informa- rapid disposal presumably and effective tion, . Washoe, County at and within the overcoat; bloodstained his close association Nevada, unlawfully, willfully, did State person leaving with another Reno in the deliberation, aforethought, and with malice murder, immediately days following the premeditation, kill and murder KAY- person with whom he shared the use of Lar- DANNER, being, LYN a human card; ry own Mattson’s credit and Standen’s manner, to wit: That the defen- claim that another man was the one abduct, assault, kidnap, sexually dant did looking for. batter, KAYLYN and stab the said DAN- said, That after he was arrested Nevada, County, NER in Washoe which murder, man was the wanted one deadly stabbing weapon with the use of a card, signed who had Mattson’s credit KAYLYN caused the death of DANNER sup- that after his own during period the same of time. “Ron,” plied the -name of does not confirm charged killing crime was the actual guilt. spent He had much of his Kaylyn Danner.- life in of the state and knew institutions informers, so, governing harsh rule as he told guilty using 'The of found Standen police, Caught the he would not be a snitch. deadly Kaylyn weapon stabbing in the of by conflicting compulsions past, from his he beyond Danner —a conclusion that indicates dredged up' (Santmeyer) one name jury supposed doubt that the that the evi- it, thought gave gave innocuous and and he dence it established that was before the name of the murderer “Ron” without possibili- the killer. The verdict excludes the enough identify to him. information His lie felony ty that was convicted of mur- Santmeyer caused Paul trouble but it did not apart der. While the evidence from his with- identify participated the man who have plea might guilty him drawn have shown of kidnapping in the and murder. murder, felony convergent the circumstances by possible might pointed It is that the state have did not show proved felony-murder. beyond that of a reasonable doubt killer, substantiаlly prove rape. The state did not The state unless explicitly seeking prove helped by homi- disavowed guilty plea possessor logbook, Without the there were several of the would meet Stan- there; with problems substantial the state’s case: den that Standen had reason to be- lieve he would be met suggested by there is First, Standen’s absence of motive. No keep ordered; his failure to the cab he had rape produced. certain that the book had no fingerprints readable Rather, suggestion a set-up— there is suggests that placed whoever it wanted Stan- pants, pantyhose, panties the victim’s re- appear den’s name to nothing but that would car, put in back moved and connect it possessor. with its last boots that must have come off first left near logbook treated the aas heaven-sent clue. body; sexual assault intimated. But a by uninfluenced motive, If rape robbery was not Standen’s suspected could well have that the clue was already is also eliminated. He had access to placed by there heavenly agency. less than enough Mattson’s credit card —credit to live on. not He could use Danner’s and her card Third, Standen’s failure to flee. Standen disappeared purse from her never to be used remained in days Reno three after the struggling was a woman She to make murder. He sharing did so the benefits of a living, person no rob. The state did not stolen credit card. He then embarked on an robbery. charge even expedition paper that left a trail. A man rob, why If rape kidnap not to kill? guilty of murder must have been afraid of might That there were those who have had staying city of the murder and been defense; by motive to do so was hinted at being days afraid tracked in it was not the defense’s to convict some 30b the murder. suspect. Although psycho- other a vicious converges failure to flee with his motive, path may need no rational the failure when, conduct according at the time to show a motive weakens thе state’s case. state, just he had completing finished a bru- extraordinary And the violence with which tal, bloody murder. That there had been a Kaylyn points Danner’s life was ended to a fight by Kaylyn real Danner was undenia- absolutely assuring murderer intent on her car, window, death, ble—the blood within the person apparently different from the drifter, hapless, windowscraper motiveless Warren showed that she had conclusion, certain, auto; key Such a if far from been knifed inside the is one clutched substantially that a that had not been weapon; her hand was a defensive showed, affected Standen’s withdrawn abrasions on her hands in the medi- might have reached. opinion, сal sought examiner’s that she had blows; to ward off the that the car’s dome- Second, logbook was lost Stan- light’s cover had been broken’off indicated den, planted by perpetrators himset resisting that she was able to move to up. kidnapping That a man bent on should degree; some there was blood on the hood him, carry logbook having already showing that she continued to bleed after gear, stored somewhere else his other seems being dragged scarcely from the car. It is unlikely; logbook containing busi- credible that the man who killed her had no ness entries from a much earlier date should barely possible blood on his clothes. It is have been needed is curi- just that the man who had would ous; killed her opened Danner could have neat, well-groomed, strike two witnesses as a car window and thrown it out or that she composed strug- a few after the minutes possessed would have it after she had been hardly gle. It is that the assailant believable dragged bleeding from the car seems im- bloody try in such a business would not probable; logbook up, should turn unscuffed, or that he conceal his face from a cabdriver unbloodied and on a road that boldly inquire stop in a truck good police likely would small work would be to search is about a document tied to him. Standen’s surprising; looking that Standen would be guilt logbook suggests сonduct does not show consciousness of at Sierra Sid’s capital he had turned it over to another said it crime. Or so at least he, injuriously substantially by would be left for there or that and contaminated were basic might have con- Their failures- Standen’s ease guilty plea in evidence However, when Nevada repeated. cluded. chance to correct the Court had the motive; ‍​​​‌​‌​‌​‌​‌‌‌‌‌​​​‌​​​​‌​​‌‌​​​​‌‌‌‌​​‌​​‌‌​‌​‌‍proven de- defendant applied wrong error test. of, fendant whose conduct support There was substantial evidence to days following, the murder showed no Unfortunately, verdict. this was not the defendant, arrest; or fear of identification Standen, posed by but it question which was town, simpleminded enough stranger was the one which that Court answered. up by may have set those who have been deep interest had a interests, public’s No whether the one?s jury find the evidence con- death —could a Standen’s, have in this case. been served vincing beyond a reasonable doubt without it. hope We can we have all learned from plea? powerful assistance thorough review of the record we After a that the use of the

are convinced injurious ef-

as evidence had substantial jury’s determining

fect or influence

verdict. The district court is or-

REVERSED. sixty days from the

dered to issue the writ mandate, INTERNATIONAL OF OPERAT UNION issuance of the unless within ING ENGINEERS-EMPLOYERS CON time the of Nevada indicates to the State PENSION, STRUCTION INDUSTRY re-try intention to district court its AND event, WELFARE TRAINING TRUST order district shall FUNDS, Plaintiff-Appellant, proper relеased to the authorities purposes of re-trial. KARR, NELSON, Judge, Concurring: Richard D. T.G. Circuit Alaska d/b/a/ Company, Unlimited Defendant- Judge analysis I concur Noonan’s Appellee. opinion. separately I most of his write on two matters. No. 91-35846. First, my reading of the cold record left Appeals, United States Court abiding

me belief in Warren Stan- Ninth Circuit. guilt. den’s The facts which led me to this Judge are set conclusion out Noonan’s Argued May and Submitted 1993. opinion, and need not be marshaled here Decided June However, is the whose matters, its verdict conclusion was taint- unique history

ed a trial error Regardless my law. view of .common guilt, Standen was entitled to a trial at fairly weigh

which the all the could

evidence, a function denied to it admission previously

of evidence that Standen had

pleaded guilty.

Second, the of Nevada now State faced practical problem trying

with the to as- years trial fifteen after the

semble new prosecution,

crime was committed. The de- judge up

fense counsel and the trial make sys-

first line of defense established our protection rights.

tem for the of an accused’s

Case Details

Case Name: Warren Robert Standen v. Harol Whitley

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Jun 4, 1993

Citation: 994 F.2d 1417

Docket Number: 91-16422

Court Abbreviation: 9th Cir.