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Nevada Supreme Court hears argument in Hernandez appeal

The Nevada Supreme Court heard oral argument yesterday in the appeal from an order denying a post-conviction petition for a writ of habeas corpus. The audio file is available here. Issues presented by Anthony Sgro, Hernandez's counsel, included whether the district court's canvass of the defendant was sufficient insofar as he agreed to his attorney's admission of certain facts. He next argued that the aggravating circumstance of burglary was invalid under the Court's decision in McConnell because felony murder was argued as a theory of liability on the first degree murder charge. He also argued that McConnell should be extended to cover cases where murder by torture was a theory of liability for first degree murder and the torture aggravating circumstance was found based upon the same facts. Questions were presented by Justices Hardesty, Cherry, and Chief Justice Maupin.

Steve Owens of the Clark County DA's office represented the State.

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