Rippo v. State

*1090OPINION

By the Court,

Hardesty, J.:

This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus in a death penalty case. Appellant Michael Rippo invokes this court’s holding in McConnell v. State that “it [is] impermissible under the United States and Nevada Constitutions to base an aggravating circumstance in a capital prosecution on the felony upon which a felony murder is predicated.”1 This court has concluded in Bejarano v. State2 that McConnell’s holding is retroactive; we therefore apply it here. Three of the aggravating…