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HIDALGO v. DIST. CT.

No. 48233.

173 P.3d 1191 (2007)

Luis HIDALGO III and Anabel Espindola, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, In and for the COUNTY OF CLARK, and the Honorable Donald M. Mosley, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

December 27, 2007.

Attorney(s) appearing for the Case

Gentile DePalma, Ltd., Dominic P. Gentile, Las Vegas, for Petitioner Hidalgo.

JoNell Thomas, Las Vegas, for Petitioner Espindola.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Giancarlo Pesci and Marc P. DiGiacomo, Deputy District Attorneys, Clark County, for Real Party in Interest.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM:

In this opinion, we consider whether solicitation to commit murder is a felony involving the use or threat of violence to the person of another within the meaning of the death penalty aggravator defined in NRS 200.033(2)(b). We conclude it is not. We also consider whether the State's notices of intent to seek the death penalty against petitioners satisfy the requirements of SCR 250(4)(c). We conclude they do not. Accordingly, we...

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