Meller v. State

OPINION

Appellant was convicted, by jury verdict, of robbery of the Nevada National Bank at Zephyr Cove, Nevada (NRS 200.380) and murder of a Nevada Highway Patrolman on October 14, 1975 (NRS 200.010; NRS 200.030). He was subsequently sentenced to death pursuant to NRS 200.030(l)(a) and NRS 200.030(5), which provide for a mandatory death penalty for the murder of a peace officer acting in his official capacity. Appellant contends NRS 200.030(5), as applied to NRS 200.030(l)(a), is unconstitutional. We agree.

The U.S. Supreme Court recently annulled a similar statutory provision, stating: “[I]t…