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RIPPO v. STATE

No. 44094.

146 P.3d 279 (2006)

MICHAEL RIPPO, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

November 16, 2006.

Attorney(s) appearing for the Case

Christopher R. Oram, Las Vegas, for Appellant.

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, and Steven S. Owens, Chief Deputy District Attorney, Clark County, for Respondent.

Before the Court En Banc.

OPINION

HARDESTY, J.

This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus in a death penalty case. Appellant Michael Rippo invokes this court's holding in McConnell v. State that "it [is] impermissible under the United States and Nevada Constitutions to base an aggravating circumstance in a capital prosecution on the felony upon which...

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