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| Nevada court ruling could give death-row inmates a second chance |
| By Associated Press |
| Published: 02/07/2005 |
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Prosecutors have asked the Nevada Supreme Court to reconsider a December ruling that limits the way prosecutors can seek the death penalty. The ruling could give many of the state's death row inmates a chance at a new sentence. The justices have ruled it unconstitutional to charge a person with first-degree murder for a killing that occurs while another felony is being committed, such as a robbery, kidnapping or sexual assault, and then use that same charge as an aggravator to seek a death sentence. The court has not indicated whether it will rehear the case. The court also has not make clear whether the ruling applies retroactively to all death row inmates who have been charged under the felony murder-aggravator system. District attorneys from Las Vegas and Washoe County requested a new hearing on the ruling in a brief filed with the Supreme Court. |
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