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Thread: Richard Allen Canape - Nevada

  1. #1
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    Richard Allen Canape - Nevada







    Facts of the Crime:

    Was sentenced to death for the 1988 robbery-murder of Manuel Toledo in Las Vegas.

  2. #2
    Alexxx74
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    Canape's direct appeal was denied by the Nevada Supreme Court on September 9, 1993.

    The decision is here: http://www.leagle.com/xmlResult.aspx...WAR2-1986-2006

  3. #3
    Administrator Moh's Avatar
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    On October 3, 1994, the US Supreme Court denied Canape's petition for certiorari.

    http://webcache.googleusercontent.co...&hl=en&ct=clnk

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    Administrator Helen's Avatar
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    A jury convicted appellant Richard Allen Canape of murder in the first degree and armed robbery of the murder victim. Canape was sentenced to death. For the reasons set forth below, we affirm the convictions and the death sentence.

    FACTS

    On October 4, 1988, Manuel Toledo, a New Jersey resident, arrived in Las Vegas to go on a hunting trip in southern Utah. Toledo's wife testified that her husband always carried two wallets on his hunting trips: a large wallet containing credit cards, identification, and spending cash; and a smaller wallet containing additional cash for emergency purposes. She testified that she helped her husband pack for the October 1988 trip and that he had both wallets when he left New Jersey.

    After arriving in Las Vegas, Toledo rented a car and, several hours later, phoned his wife to inform her that he had arrived in Cedar City, Utah. On October 6, 1988, Toledo again called his wife to tell her that he had bagged an elk and would drive back to Las Vegas to catch a late flight home. Toledo left Cedar City and proceeded toward Las Vegas on Interstate Highway 15. He apparently ran out of gas about ten miles north of Las Vegas. At approximately 9:20 p.m., Toledo entered an AM-PM Mini-Mart a few blocks off I-15. The cashier at the AM-PM testified that Toledo filled two gas cans and that she loaned him a third can which he also filled. Toledo told the cashier that someone waiting outside was going to drive him back to his car. The cashier looked out the window and saw Toledo get into a car driven by a black male with sideburns. The driver wore a white hat.

    On October 7, 1988, Robert Jiminez was driving on I-15 toward Las Vegas when his car developed a vapor lock. He coasted to a stop behind another vehicle parked on the roadside. Jiminez got out of his vehicle and checked under its hood. He noticed debris scattered around the other vehicle, including gas cans, a pair of eye glasses, some twine and a watch. As Jiminez walked back to his car, he saw Toledo's body lying down an embankment from the highway. He flagged down a passing motorist who contacted the police. While waiting for the police to arrive, Jiminez noticed a white hat lying on the ground halfway between the car and the body.

    Examination of Toledo's body revealed that he died from two gunshot wounds fired from a nine-millimeter weapon. Authorities found two shell casings near the body. When the police removed the body, they recovered a spent bullet which had passed through the victim's head and lay on the ground underneath the body. Police found a white hat almost in a direct line between the car and the body, about halfway down the embankment. Examination of Toledo's person revealed one wallet containing $1,400, but no driver's license, credit cards or other identification. Toledo's other wallet, the larger one in which his wife stated he carried his credit cards, identification, and spending cash was missing and never recovered.

    Seventeen days after the Toledo murder, police arrested Canape for attempted armed robbery of a liquor store in Las Vegas. At the time of his arrest, Canape possessed a nine-millimeter, semi-automatic pistol. A Las Vegas Metro Police Department weapons expert examined the gun. The weapons expert compared shell casings and bullets from test firing the gun to the shell casings found at the murder scene and the bullet found under the victim's head. The weapons expert positively concluded that the nine-millimeter pistol was the weapon used to kill Manuel Toledo.

    Following his arrest for the liquor store robbery, police towed Canape's car to their impound lot. The cashier from the AM-PM store where Toledo filled his gas cans viewed Canape's car and told the police that it looked similar to the car in which Toledo rode away on the night of his murder. The cashier also stated that the hat found at the murder scene looked similar to the one the car's driver wore on the night he drove away with Toledo.

    Canape was charged with the murder and robbery of Manuel Toledo. At trial, Mrs. Toledo testified to the circumstances of her husband's hunting trips to Utah, by way of Las Vegas. She also recounted that her husband always carried two wallets. She stated that the hat found at the murder site did not belong to her husband and that she had never seen it before.

    A search of Canape's car following his robbery arrest uncovered a photograph album containing pictures of Canape. In one of these photos, Canape is pictured wearing a white hat similar to the one found at the murder scene. The cashier from the AM-PM testified that the man in the photo resembled the man with whom Toledo rode away on the night of the murder.

    The search of Canape's car also revealed a length of twine. A hair and fiber analyst testified that the twine from Canape's vehicle was, within scientific certainty, the same type as that found at the crime scene. The same expert testified that hair samples taken from Canape were similar to hair found in the hat recovered at the murder scene.

    The jury found Canape guilty of murder with a deadly weapon while in the commission of a robbery. He was also convicted of the robbery as a separate offense. In the penalty phase, the State presented evidence of four aggravating circumstances. The State offered evidence that Canape had a five-year sentence for a 1983 felony conviction in Hawaii. The defense did not present any mitigating evidence, electing instead to dispute the evidence supporting the aggravating factors. Canape received a death sentence.

  5. #5
    Administrator Moh's Avatar
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    I haven't been able to find a thing on Canape after 1994. At any rate, according to the NAACP's most recent Death Row USA report, he is still on Nevada's death row.

  6. #6
    Moderator Ryan's Avatar
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    Convicted killer to get new trial after 30 years on Death Row

    CARSON CITY — A convicted killer who has been on Nevada’s death row for nearly three decades will get a new penalty hearing after the Nevada Supreme Court ruled his public defender was deficient in representing him.

    Richard Canape, now 61, was sentenced to death for the 1988 killing of Manuel Toledo, a New Jersey man killed after he ran out of gas on his way back to Las Vegas from a hunting trip in Utah.

    In a ruling posted Friday, the Supreme Court dismissed Canape’s claims that his lawyer was ineffective during trial, but agreed he was not adequately represented during the penalty phase.

    “Counsel’s performance during the penalty phase of Canape’s trial was concerning,” Chief Justice Ron Parraguirre wrote for the court in the unanimous decision, which faulted the lawyer for presenting no evidence or mitigating circumstances on Canape’s behalf.

    “Counsel began his argument by apologizing for being absent when the guilty verdicts were announced, explained that he was not fully prepared to argue, then reminded jurors that they did not have to execute Canape — but they could if they wanted to,” justices said.

    “We conclude that counsel’s performance fell below an objective standard of reasonableness.”

    http://www.reviewjournal.com/crime/c...ears-death-row

  7. #7
    Moderator Dave from Florida's Avatar
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    Where has this case been the last 22 years since SCOTUS refused to hear the direct appeal? And I thought the 9th Circuit was bad.

  8. #8
    Senior Member CnCP Legend JLR's Avatar
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    Resentenced to life.

    https://ofdsearch.doc.nv.gov/

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