State of Missouri v. Emmett Clifton Nave

757 W. W. 2d 249

Emmett Clifton Nave was executed on July 31, 1996

Case Facts:  On the morning of November 19, 1983, Nave threatened to kill his wife if she didn’t drive him to the hospital and help him get some drugs. Prior to going to the hospital, Nave told his wife that he wanted to see his landlady Geneva Roling. When Mrs. Roling answered the door, Nave shot her with a .22 caliber rifle. Nave and his wife left the Roling residence to go to the hospital for drugs.

At 8:02 a.m., officers of the Jefferson City Police Department responded to the Roling residence at 303 Marshall for a shooting. At the scene, the officers found Mrs. Geneva Roling laying dead on the floor with numerous gunshot wounds.

Shortly after their arrival, police learned that an individual, later identified as Emmett Nave, had attempted to obtain the drug Demoral from an emergency room employee at the Still Hospital. After he was refused the drug Nave flourished a .22 caliber automatic rifle at the employee and demanded he be given Valium and Demoral. The employee administered 100 ml. of Demoral and Nave left the hospital taking five female hostages with him.

Nave took the hostages to a residence where he forced them to have sex with him. During this time, three of the hostages were able to escape. Nave then took a hostage to a shed near Brazito, Missouri where he forced her to inject him with Demoral and Valium whereupon he lost consciousness and was eventually apprehended.

Legal Chronology

1958
11/20 – Nave was placed on five years probation for Joyriding in Denver, Colorado.
06/24 – Nave was sentenced to 90 days in jail for Soliciting for an Act of Prostitution in Denver, Colorado.

1959
07/02 – Nave was sentenced to one year in jail for Joyriding in Denver, Colorado.

1960
07/05 – Nave was sentenced in Denver, Colorado for Simple Robbery. He received an indeterminate sentence to the Colorado State Reformatory.

1964
03/26 – Nave was sentenced to 120 days for Burglary in Los Angels, California.

1965
07/16 – Nave was sentenced to two concurrent Life sentences for Forcible Rape and Armed Robbery with a Dangerous and Deadly Weapon in Liberty, Missouri.

1979
March – Nave was sentenced to four years in California for Burglary. Nave’s Missouri parole was revoked in November 1981 following his conviction in California.
1983
03/14 – Nave was paroled –for a second time– for his Missouri conviction a second time.

1983
11/19 – Geneva Roling, Emmett Nave’s upstairs neighbor and landlady, was shot to death in Jefferson City.

1984
2/7 – Emmett Nave was indicted in Cole County on charges of capital murder for the shooting death of Geneva Roling.
6/18-21 – Nave was tried in the Circuit Court of St. Charles County on a change of venue from Cole County and found guilty of Capital murder. The jury recommended a sentence of death.
8/6 – A motion for a new trail was denied and Nave was sentenced to death for killing Geneva Roling.
8/15 – A notice of appeal was filed.

1985
8/7 – The Missouri Supreme Court affirmed Nave’s conviction and sentence.

1986
3/31 – The United States Supreme Court denied certiorari.
5/19 – Nave filed a Rule 27.26 motion for post conviction relief in the Circuit Court of St. Charles County.

1987
10/6 – The Missouri court of Appeals, Eastern District remanded the post conviction proceedings to the circuit court in order for the motion court to enter findings and conclusions on all of the issues raised in the motions for post conviction relief.
12/1 – The motion for post conviction relief was denied.
12/7 – A notice of appeal was filed.

1988
7/19 – The Missouri court of Appeals, Eastern district affirmed the denial of post conviction relief.
10/18 – Nave’s motion for transfer was denied by the Missouri Supreme Court.

1989
2/27 – The United States Supreme Court denied certiorari.
3/14 – Nave filed a petition for writ of habeas corpus in the United States District court for the Eastern District of Missouri.

1992
4/28 – An Evidentiary hearing was held on Nave’s federal habeas petitions.

1993
6/17 – The petition for writ of habeas corpus was granted. The conviction was affirmed, but the sentence was vacated.
7/1 – The State’s notice of appeal was field.

1994
4/22 – The United States Court of Appeals for the Eighth Circuit reversed the district court’s order to the extent that it granted the petition for writ of habeas corpus.
7/13 – Rehearing was denied by the United States Court of Appeals for the Eighth Circuit.
10/24 – The United States district Court entered an order and judgment denying Nave’ petition for writ of habeas corpus.
12/14 – Nave filed a petition for writ of certiorari with the United States Supreme Court.

1995
2/12 – Nave’s petition for writ of certiorari was granted and the case remanded to the Eighth Circuit.
8/7 – After further consideration the petition for writ of habeas corpus was denied by the eighth circuit court of Appeals.
10/25 – Rehearing was denied by the United States Court of Appeals for the Eighth Circuit.

1996
3/23 – Nave filed a petition for writ of certiorari with the United States Supreme Court.
5/20 – Nave’s petition for writ of certiorari was denied by the United States Supreme Court.
5/23 – The Office of the State Attorney General applied to the Missouri Supreme Court to set an execution date.
5/30 – Missouri Supreme Court sets execution date for July 31, 1996.