Court dismisses inmate’s third appeal

Friday, Dec. 20, 2002 | 10:04 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Thursday dismissed the third appeal of a man sentenced to death by a three-judge panel for killing a man in Las Vegas in 1989 and stealing his motor home.

The court said Daniel S. Jones failed to file his latest petition within a one-year deadline and he did not provide sufficient evidence to excuse the delay. The petition was submitted four years after denial of the second appeal.

Jones, now 41, pleaded guilty to the murder of Don Woody. He was arrested in Iowa while driving Woody's motor home. Jones was also convicted of aggravated assault for attempting to kill his grandmother by hitting her over the head with a crowbar.

In his current appeal, he said the three-judge sentencing panel was unconstitutional because of a decision by the U.S. Supreme Court. That decision said a jury, not a judge should make the decision on the aggravating circumstances and the death penalty.

The Nevada Supreme Court said in this case Jones pleaded guilty and waived his right to a jury trial. The state supreme court, in decisions released Wednesday, also said the ruling by the U.S. Supreme Court is not retroactive.