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| Nevada Supreme Court ruling spurs new death row actions |
| By Associated Press |
| Published: 04/11/2005 |
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At least six of Nevada's 75 death row inmates are seeking new penalty hearings following the state Supreme Court ruling changing the way prosecutors seek a death sentence, and as many as 40 may have a shot at new sentences. The high court confirmed March 25th its December decision that prohibits prosecutors from using a felony to establish a first-degree murder conviction and then citing the same felony as an aggravating circumstance in seeking a death sentence. Clark County Deputy District Attorney Steve Owens says that, according to his calculations, about half of the state's death row inmates were convicted and sentenced to death under the procedure the high court ruled unconstitutional. To date, five death row inmates from Las Vegas have filed briefs in District Court seeking a new sentence based on the ruling. Washoe County Deputy District Attorney Gary Hatlestad says that, so far, one death row inmate from Reno has sought a new sentence based on the decision. The question now, both Hatlestad and Owens say, is whether the court's landmark ruling will be applied retroactively to those cases well along in the appeals process. Nevada's high court did not rule on that. |
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