McCONNELL v. STATE

No. 42101.

107 P.3d 1287 (2005)

Robert Lee McCONNELL, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

March 24, 2005.


Attorney(s) appearing for the Case

Michael R. Specchio, Public Defender, and Cheryl D. Bond, Deputy Public Defender, Washoe County, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

David J. Roger, District Attorney, and Steven S. Owens, Chief Deputy District Attorney, Clark County, for Amicus Curiae State of Nevada.

Philip J. Kohn, Public Defender, Clark County; Franny A. Forsman, Federal Public Defender, and Michael L. Pescetta, Assistant Federal Public Defender, Las Vegas; and JoNell Thomas, Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

Before the Court En Banc.


OPINION

PER CURIAM.

Late last year in McConnell v. State,2 this court affirmed appellant Robert Lee McConnell's judgment of conviction of first-degree murder and sentence of death. The State, however, seeks rehearing, challenging our holding that "a felony may not be used both to establish first-degree murder and to aggravate the murder to capital status."3 The Clark County District...

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