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MAZZAN v. WARDEN

No. 30998.

993 P.2d 25 (2000)

John Francis MAZZAN, Appellant, v. WARDEN, ELY STATE PRISON, E.K. McDaniel, Respondent.

Supreme Court of Nevada.

January 27, 2000.

Attorney(s) appearing for the Case

JoNell Thomas, Las Vegas, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City, Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Chief Appellate Deputy District Attorney, Washoe County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

In 1979, appellant John Francis Mazzan was convicted of first-degree murder and sentenced to death in the Second Judicial District Court. The state's theory was that he stabbed Richard Minor to death in Minor's home and then took money and drugs from the home. On appeal, this court affirmed Mazzan's conviction but reversed his sentence. Mazzan v. State (Mazzan I), 100 Nev. 74, 675 P.2d 409

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