Facts
- Deanna Moffett planned to kill Linda Exner and prepared a list of items needed, including rope, sleeping pills in a fatal quantity, and a staged “suicide note” to be written in Exner’s handwriting.
- In the early morning of August 29, 1978, Moffett entered Exner’s apartment while Exner slept, accompanied by 14-year-old Bobby McPherson.
- Moffett began tying Exner up while McPherson held a knife to Exner’s throat.
- Moffett untied Exner’s hands and threatened her to compel Exner to start copying the prewritten “suicide note” in her own handwriting.
- Moffett told Exner that after the note was written she would be given pills to make her sleep for 48 hours.
- Exner wrote about one line before escaping after a struggle; Moffett and McPherson fled and were later apprehended.
- Police found in the apartment a bottle of wine, knives (including a switchblade), a flashlight, a bottle of sleeping pills, a short length of hemp rope, and the note.
- A forensic expert testified the pills were sleeping pills; a high dose could be fatal without prompt medical intervention, and alcohol would intensify the effect.
- Moffett was convicted of attempted murder and burglary; on appeal she primarily challenged the sufficiency of the evidence for attempted murder.
Issues
- Whether the evidence was sufficient to support attempted murder, including whether Moffett committed an overt act beyond mere preparation toward killing Exner.
Decision
- The Nevada Supreme Court affirmed the attempted murder conviction (and affirmed the burglary conviction).
- The court held the evidence supported all elements of attempt: intent to commit murder, a direct but ineffectual act toward its commission, and noncompletion.
- The court concluded Moffett’s actions in entering the apartment, restraining and threatening Exner, and forcing initiation of the staged suicide note were overt acts beyond preparation.
Legal Principles
- Criminal attempt requires proof of: (1) intent to commit the target crime; (2) an act toward its commission; and (3) failure to consummate the crime.
- The act element is satisfied by a “direct but ineffectual act” that goes beyond mere preparation.
- For sufficiency of evidence, preparatory planning combined with conduct that asserts control over the victim and initiates execution of the plan can establish the overt-act element even if the final lethal step is not completed.
Conclusion
The court upheld Moffett’s attempted murder conviction because her planning and possession of lethal means, coupled with entering the victim’s home, restraining and threatening the victim, and forcing the victim to begin the fabricated suicide note, constituted a direct but ineffectual act toward murder rather than mere preparation.