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STATE v. HABERSTROH

Nos. 38404, 38600.

69 P.3d 676 (2003)

The STATE of Nevada, Appellant, v. Richard HABERSTROH, a/k/a Gerald Haberstroh, a/k/a Patrick James Hickey, a/k/a Ricky Hickey, a/k/a Lee Divincent, Respondent. Richard Haberstroh, a/k/a Ricky Hickey, a/k/a Patrick James Hickey, a/k/a Gerald Haberstroh, a/k/a Lee Divincent, Appellant, v. Warden, Nevada State Prison, E.K. McDaniel, Respondent.

Supreme Court of Nevada.

As Modified May 30, 2003.

Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and Clark A. Peterson, James Tufteland, and Lynn M. Robinson, Chief Deputy District Attorneys, Clark County, for Appellant in Docket No. 38404 and Respondent in Docket No. 38600.

Franny A. Forsman, Federal Public Defender, and Elizabeth Brickfield and Michael L. Pescetta, Assistant Federal Public Defenders, Las Vegas, for Respondent/Appellant Richard Haberstroh.

Before the Court En Banc.

OPINION

ROSE, J.:

In 1986, Richard Haberstroh kidnapped a young woman in Clark County, then robbed, sexually assaulted, and murdered her. After his first trial ended in a mistrial, he was convicted at a second trial and sentenced to death. Haberstroh unsuccessfully sought relief on direct appeal and in a prior post-conviction proceeding. In this second post-conviction proceeding, the district court granted partial relief in favor of Haberstroh, vacating...

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