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NUNNERY v. DIST. CT.

No. 51074.

186 P.3d 886 (2008)

Eugene Hollis NUNNERY, Petitioner, 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.

July 3, 2008.

Attorney(s) appearing for the Case

David M. Schieck, Special Public Defender, and JoNell Thomas, Deputy Special Public Defender, Clark County, for Petitioner.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Nancy A. Becker, Deputy District Attorney, Clark County, for Real Party in Interest.

BEFORE HARDESTY, PARRAGUIRRE, and DOUGLAS, JJ.

OPINION

PER CURIAM:

In this opinion, we consider whether conspiracy to commit robbery is a felony involving the use or threat of violence to the person of another within the meaning of the death penalty aggravating circumstance defined in NRS 200.033(2)(b). We conclude that it is not.

FACTS

Petitioner Eugene Nunnery is awaiting trial on one count of first-degree murder with the use...

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