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BENNETT v. STATE

No. 82495.

508 P.3d 410 (2022)

136 Nev. Adv. Opn. 29

Ashley William BENNETT, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

FILED April 28, 2022.

Attorney(s) appearing for the Case

Armstrong Teasdale, LLP, and D. Loren Washburn , Reno; Clyde Snow & Sessions, P.C., and Neil A. Kaplan and Katherine E. Pepin , Salt Lake City, Utah; Rocky Mountain Innocence Center and Jennifer Springer , Salt Lake City, Utah, for Appellant.

Aaron D. Ford , Attorney General, Carson City; Steven B. Wolfson , District Attorney, and Alexander Chen , Chief Deputy District Attorney, Clark County, for Respondent.

BEFORE THE SUPREME COURT, PARRAGUIRRE, C.J., HARDESTY and PICKERING, JJ.

OPINION

A jury found appellant Ashley William Bennett guilty of first-degree murder with the use of a deadly weapon. Eighteen years later, Bennett filed a petition to establish factual innocence, alleging a bona fide issue of factual innocence based on two new pieces of evidence: (1) a declaration from a trial witness recanting...

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