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MILLER v. WARDEN

No. 27566.

921 P.2d 882 (1996)

Ivan MILLER, Petitioner, v. Warden, Nevada State Prison, John IGNACIO, Respondent.

Supreme Court of Nevada.

July 22, 1996.

Attorney(s) appearing for the Case

James J. Jackson, State Public Defender, Timothy P. O'Toole, State Deputy Public Defender, Carson City, for Petitioner.

Frankie Sue Del Papa, Attorney General, John E. Simmons, Senior Deputy Attorney General, Carson City, for Respondent.

Stewart L. Bell, District Attorney, James Tufteland, Chief Deputy District Attorney, for Amicus Curiae Clark County District Attorney's Office.

OPINION

PER CURIAM:

Petitioner Ivan Miller challenges newly enacted NRS 213.085,1 which applies retroactively to first-degree murderers already sentenced to life imprisonment without the possibility of parole, on the ground that it constitutes an unconstitutional ex post facto law. We agree that the retroactivity provision is unconstitutional. We therefore issue the writ...

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