Nunnery v. State

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Justia Opinion Summary

A jury found Appellant Eugene Nunnery guilty of multiple charges and sentenced him to death for a first-degree murder conviction. Nunnery appealed, raising numerous claims of error at the guilt and penalty phases of his trial and challenging his death sentence. The Supreme Court affirmed the judgment of conviction, holding (1) the district court may allow an untimely notice of evidence in aggravation under Nev. Sup. Ct. R. 250(4)(f) upon a showing of good cause and that the relevant factors include the danger of prejudice to the defense in its preparation as a result of the untimely notice; (2) the confidentiality provision in Nev. Rev. Stat. 176.156 does not preclude the admission of presentence investigation reports at penalty hearings, and the admission of information in the reports is in the discretion of the trial judge; (3) the district court in this case did not err in declining to instruct the jury that it must find beyond a reasonable doubt that the aggravating circumstances outweighed the mitigating circumstances before it could find Petitioner eligible for the death penalty; and (4) the death sentence in this case was not excessive.

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