Nunnery v. State

OPINION

By the Court,

Cherry, J.:

A jury found appellant Eugene Nunnery guilty of multiple charges and sentenced him to death for a first-degree murder conviction. Nunnery raises numerous claims of error at the guilt and penalty phases of his trial and challenges his death sentence. We conclude that none of his claims warrant relief and therefore affirm the judgment of conviction.

In this opinion, we focus primarily on three of Nunnery’s claims related to the penalty phase of the trial. First, we consider the circumstances in which a district court may allow an untimely notice of evidence in…