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McCONNELL v. STATE

No. 49722.

212 P.3d 307 (2009)

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

Supreme Court of Nevada.

As Corrected July 24, 2009.

Attorney(s) appearing for the Case

Scott W. Edwards, Reno; Law Office of Thomas L. Quails, Ltd., and Thomas L. Quails, Reno, for Appellant.

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

Before the Court En Banc.

OPINION

PER CURIAM.

The primary issue in this appeal is whether the constitutionality of Nevada's lethal injection protocol may be challenged in a post-conviction petition for a writ of habeas corpus. We hold that the claim is not cognizable in a post-conviction petition for a writ of habeas corpus under NRS Chapter 34 because it involves a challenge to the manner in which the death sentence will be carried out rather than the validity of the judgment...

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