Caseflicks

Nevada Supreme Court • 1980

Moffett v. State

618 P.2d 1223 | 96 Nev. 822 | 1980 Nev. LEXIS 717

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Takeaway

In short, this case holds that a planned killing becomes an attempt when the defendant moves from assembling the means to directly executing the plan, even if the final lethal act has not yet occurred.

Background

In the early morning of August 29, 1978, Deanna Moffett entered Linda Exner’s apartment using keys obtained without Exner’s or Ed McPherson’s knowledge or consent. Moffett had planned the incident for about two days, made a list of items to bring, and had written a purported suicide note for Exner to copy. Accompanied by fourteen-year-old Bobby McPherson, who held a knife to Exner’s throat, Moffett tied Exner’s hands and directed her to write the note.

Moffett told Exner that, after she wrote the note, Moffett would give her pills that would make her sleep for forty-eight hours. Exner began writing but escaped after a struggle. Police found wine, sleeping pills, knives, rope, a flashlight, and the note in the apartment. A pathologist testified that a high dose of the pills could be fatal without prompt medical care and that alcohol would intensify their effects.

A jury convicted Moffett of attempted murder and burglary. Moffett appealed, principally arguing that the evidence showed only preparation for murder rather than an attempt.

Issues

Issue #1

Whether the evidence was sufficient to support Moffett’s conviction for attempted murder by showing an act beyond mere preparation.

Holding

Yes. Moffett committed direct acts toward murder that went beyond preparation, and the evidence therefore supported the attempted-murder conviction.

Reasoning

Under Nevada law, an attempt requires intent to commit the crime, an act toward its commission, and failure to complete it. The required act is a direct but ineffective act toward the offense; the State need not prove that the defendant had already begun the final, death-producing act.

The line between preparation and attempt turns on whether the defendant has merely arranged the means for the crime or has directly moved to carry it out. The court declined to apply that distinction through overly technical definitions that would undermine common-sense enforcement of the criminal law.

Moffett’s conduct established much more than preliminary planning. She secretly obtained access to Exner’s apartment, planned the episode in advance, assembled instruments including pills, alcohol, knives, and rope, prepared a false suicide note, entered the apartment, restrained Exner, and began dictating the note that was designed to disguise Exner’s death as suicide.

Once inside the apartment, Moffett had gained control over Exner and had begun executing the plan to make her appear suicidal before administering pills. Exner’s escape, rather than any voluntary abandonment by Moffett, prevented completion of the plan. These direct steps were sufficient even though Moffett had not yet given Exner the potentially fatal pills.