Daryl Mack, whose Dec. 1 execution was canceled while the Nevada Supreme Court considered his mother's last ditch appeal, has a new date with the death he says he wants - April 26.
The Supreme Court cleared the way for his execution Feb. 2 by denying his mother, Viola's, petition to block his execution. Mack told a Washoe County district judge last year he wanted to cancel further appeals of his case and his sentence. His mother argued he isn't mentally competent to make that decision because of mental problems and the anti-psychotic drugs he is taking.
Public defenders told the high court Viola Mack should have the decision-making power because her son isn't competent. They said Mack was simply using the legal system to commit suicide.
The court rejected that argument.
"Whether Mack would like to commit suicide is not relevant as long as he is competent," the justices wrote.
They ruled him competent based on testimony by two of three psychiatrists who examined him.
Mack was already serving life in prison 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 for that crime.
Unless he changes his mind and reopens the appeal process, Mack will be put to death by lethal injection at the old execution chamber in the Nevada State Prison on Fifth Street at 9 p.m. April 26.
• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.