Lane v. State

I concur in the affirmance of Lane’s conviction for first-degree murder; I dissent from the affirmance of the death sentence in this case. That sentence is seriously flawed for two reasons: first, the district attorney charged the wrong aggravating circumstance, and therefore Lane is not death-eligible; second, Lane has raised a colorable claim that he is the victim of a racially-based discriminatory policy employed by the Washoe County District Attorney in death cases. That claim must be given full and proper hearing. I summarize these two points as follows:

*11701. This murder was committed during…