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STATE v. HARTE

No. 50161.

194 P.3d 1263 (2008)

The STATE of Nevada and Warden, Ely State Prison, E.K. McDaniel, Appellants, v. Shawn Russell HARTE, Respondent.

Supreme Court of Nevada.

October 30, 2008.

Attorney(s) appearing for the Case

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

Scott W. Edwards, Reno; Thomas L. Quails, Reno, for Respondent.

Before The Court En Banc.

OPINION

By the Court, MAUPIN, J.:

In this opinion, we consider the State's contention that McConnell v. State1 was wrongly decided and its alternative argument that a new trial is an appropriate remedy when the sole aggravating circumstance in a death penalty case has been determined to be invalid under McConnell during post-conviction review. We reject the State's contention that McConnell was wrongly...

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