Nevada Supreme Court clears way for Mack execution

The Nevada Supreme Court on Friday denied Viola Mack's petition to block the execution of her son, Daryl.

Mack was already serving life for the 1994 murder of Kim Parks in Reno when DNA evidence linked him to a 1998 killing. He was convicted and sentenced to die.

He was set for execution Dec. 1 after telling a Washoe District judge he no longer wanted to pursue his appeals. But his mother filed to stop the execution, arguing her son wasn't competent to make that decision and was being involuntarily medicated so that he would appear sane enough to be executed.

The court stayed the execution to hear her arguments but Friday dismissed the appeal in an order signed by six justices.

They rejected the argument Mack was simply using the system to commit suicide.

"Whether Mack would like to commit suicide is not relevant as long as he is competent," they wrote.

And the order states that two of three psychiatrists who examined him concluded he was competent.

They said there is no evidence in the district court record to support claims the involuntary anti-psychotic medication is unnecessary and not in his best interest. And, the order says, the burden is on the petitioner, not the state.

Finally, the court rejected the argument that Mack's claims of innocence support a finding that he is incompetent. They said there is evidence in the record that Mack is aware of his situation and aware he will be put to death if he gives up his appeals.

It says many inmates deny guilt after being convicted and that denial isn't evidence they are delusional.

Lifting the stay of execution clears the way for the Nevada Attorney General's Office and Department of Corrections to set a new execution date.

The matter could still be appealed to federal court.

-- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.