Killer’s appeal rejected

Tuesday, Jan. 7, 2003 | 8:53 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Monday rejected the appeal of Levenral D. Polk, convicted in a 1999 fatal drive-by shooting in Las Vegas.

Polk, in his second appeal to the court, argued that his lawyer had been ineffective.

Walter Hodges, 22, was shot twice on Owens Avenue near Nellis Boulevard. Polk was convicted of first-degree murder and sentenced to two consecutive life terms plus 40 to 180 months for firing a gun from a car.

Polk maintained that his trial lawyer should have had the court suppress the testimony and evidence provided by Polk's former girlfriend, Donnette Peach. Polk alleged that her testimony was not credible.

Peach testified that she heard Polk threaten to shoot Hodges; that Polk was angry with Hodges because he was not paying for rock cocaine that Polk supplied him to sell; that she had seen Polk with a revolver; and that he had threatened her over her statements to police.

Peach also turned over a box of ammunition to police that later was identified as the same type used in the shooting.

The court said the defense lawyer was not ineffective because those challenges would have been unsuccessful and would not have changed the outcome of the trial.