Death sentence for Geary upheld

Geary was convicted in 1993 of stabbing Edward Colvin to death in a drunken rage after Colvin took him into his Reno home and helped him get back on his feet.

Geary blacked out and allegedly didn't remember committing the slaying. He realized what had happened a couple of days later and called police.

He was convicted and the death sentence imposed because he was on parole for an earlier murder at the time.

The earlier crime was the stabbing of Annette Morris while he was intoxicated in February 1973. His life sentence was commuted and he was eventually released on parole in 1986.

There were problems with the original death sentence and the state Supreme Court ordered another penalty hearing. But the second penalty hearing also resulted in a death sentence in 1998.

After that, Geary waived his right to appeal, which was also the subject of an evidentiary hearing. At that hearing two court-appointed psychiatrists testified Geary was competent to waive his appeal.

The defense argued that Geary has been a model prisoner with no disciplinary infractions. Prison guards, wardens and the prison psychologist all testified for him.

But the Supreme Court ruled that despite that mitigating evidence, the death sentence was not imposed under the influence of passion, prejudice or other arbitrary factor.

"The state emphasized that Geary killed a man who was trying to help him by giving him a place to live and that he had killed previously," the decision issued Tuesday says.

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