Appeals rejected in two slayings

Friday, July 9, 2004 | 8:18 a.m.

CARSON CITY -- The Nevada Supreme Court rejected appeals from two men sentenced to two consecutive life terms in prison for separate murders in Las Vegas.

The men had claimed that they deserved new trials because their lawyers were ineffective.

Michael J. Silva was convicted of the March 1992 fatal stabbing of bartender Howard Gibbons during a robbery of the Wagon Wheel Bar, and Kevin D. Sutton pleaded guilty to the October 1996 fatal shooting of 17-year-old Tyrell Nolen.

Silva was convicted twice of murder. The first time, the state Supreme Court overturned that verdict and ordered a new trial. At a second trial, Silva represented himself, but the District Court judge appointed a standby attorney. Silva was again convicted.

Silva, in his new petition, claimed that the standby counsel at trial gave ineffective assistance. The court said since Silva had no constitutional right to standby counsel, he had no right to effective assistance of the standby attorney.

Silva's co-defendant pleaded guilty and was sentenced to life in prison with parole after 20 years. Silva isn't eligible for parole for 40 years.

Sutton argued that his lawyer had been ineffective because he did not evaluate the effect that Sutton's long-term use of PCP had on his understanding of the consequences of his guilty plea. The court said the potential sentence of two consecutive life terms in prison was contained in the plea agreement, which Sutton read and said he understood.

The court also said Sutton was thoroughly questioned by the court, including discussion about the sentenced he faced.

Sutton's victim, Nolen, was shot multiple times with a handgun after he was beaten by two other men who took Sutton's side in the domestic dispute. Sutton was 18 years old at the time.