Nevada Supreme Court oral arguments: July 6

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48991 - Wesley (Herbert) vs. State (Death Penalty-PC)

July 06 (10:00 AM)

Full Court

Herbert Wesley was convicted of two counts of first-degree murder with the use of a deadly weapon for the stabbing deaths of his father, Isaac Wesley, and his stepmother, Doella Wesley, in Clark County. He was also convicted of robbery with the use of a deadly weapon for the theft of property belonging to the victims. This court affirmed the judgment of conviction and death sentence on direct appeal. Subsequently, Wesley filed a post-conviction petition for a writ of habeas corpus, which was denied.  The denial of that petition is the subject of this appeal. ISSUES: Did the district court err by denying Wesley's post-conviction petition as procedurally barred?  Were trial and appellate counsel ineffective?  Is Wesley entitled to a new penalty hearing under McConnell v. State?

49478 - Chappel (James) vs. State (Death Penalty)

July 06 (10:30 AM)

Full Court

After he was mistakenly released from jail, James Chappell went to the home of Deborah Panos, his ex-girlfriend and the mother of his three children, and stabbed her to death with a kitchen knife. A Clark County jury convicted Chappell of burglary, robbery, and first-degree murder and sentenced him to death. This court affirmed Chappell's conviction and death sentence on direct appeal. Chappell sought post-conviction relief in the district court and was granted a new penalty hearing. At the conclusion of the second penalty hearing, the jury again sentenced Chappell to death.  Chappell is now appealing that judgment of conviction.  ISSUES: Was there sufficient evidence to support the use of sexual assault as an aggravating circumstance to justify the death penalty?  Did the district court improperly deny Chappell's motion to compel additional review by the district attorney's death penalty review committee?   Did the district court err by not dismissing three potential jurors for cause?  Did the district court err by admitting certain evidence at the second penalty hearing, including hearsay evidence, presentence investigation reports, victim impact testimony, and Chappell's trial testimony?  Did the prosecutor commit misconduct during closing arguments?

50166 Foster vs. Dingwall
July 06 (11:30 AM)

Full Court

This is an appeal from a $72 million judgment awarded by the Clark County district court in a contract action after the court struck the appellants' pleadings and entered a default judgment as a sanction for discovery misconduct.  ISSUES: Did the district court err when it struck appellants' pleadings and entered a default judgment in favor of the respondents?  Did the district court err in calculating the sanctions?  Did the district court err by awarding compensatory and punitive damages and attorney fees?  Was the district court's award of special master fees appropriate?

 

52110 Mendoza-Lobos (Douglas) vs. State

July 06 (1:30 PM)

Full Court

Douglas Mendoza-Lobos is appealing his conviction in Washoe County for burglary, robbery with the use of a deadly weapon, sexual assault with the use of a deadly weapon, attempted sexual assault with the use of a deadly weapon, assault with a deadly weapon, and battery with a deadly weapon.  ISSUES: Did the district court's statement on the record satisfy the requirements of NRS 193.165(1) in determining the length of the enhancement sentence?  Did the district court impose an excessive sentence by running the sentences for each count consecutively?

53079 Yarber (Robert) vs. State
July 06 (2:00 PM)

Full Court

Robert Yarber appeals from his conviction in Washoe County, pursuant to a guilty plea, for attempted murder with the use of a deadly weapon.  ISSUES: Did the district court err by failing to make findings about the basis for imposing a term for the deadly weapon enhancement that was equal to the term for the crime of attempted murder?

 Webcasting of the argument is available at the Court's website.

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This page contains a single entry by JoNell published on July 6, 2009 6:13 AM.

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