Nunnery v. Eighth Judicial District Court

OPINION

In this opinion, we consider whether conspiracy to commit robbery is a felony involving the use or threat of violence to the person of another within the meaning of the death penalty aggravating circumstance defined in NRS 200.033(2)(b). We conclude that it is not.

FACTS

Petitioner Eugene Nunnery is awaiting trial on one count of first-degree murder with the use of a deadly weapon, two counts of attempted murder the use of a deadly weapon, two counts of robbery with the use of a deadly weapon, one count of attempted robbery with the use of a deadly weapon, and one count of conspiracy to…