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BUTLER v. STATE

No. 41283.

102 P.3d 71 (2004)

John Edward BUTLER, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 20, 2004.

Attorney(s) appearing for the Case

David M. Schieck, Special Public Defender, and Lee Elizabeth McMahon, Deputy Special Public Defender, Clark County; Sciscento & Montgomery and Joseph S. Sciscento, Las Vegas, for Appellant.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and Christopher J. Laurent and James Tufteland, Chief Deputy District Attorneys, Clark County, for Respondent.

Before the Court En Banc.

OPINION

SHEARING, C.J.

Appellant John Butler was convicted by a jury of two counts of first-degree murder with the use of a deadly weapon and was thereafter sentenced by the jury to death. On appeal, we affirm Butler's convictions, but we vacate his death sentences and remand for a new penalty hearing.

FACTS

I. Guilt phase

John Butler was an influential member of a...

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