Court rejects appeal in 1998 LV slaying

Monday, Jan. 5, 2004 | 9:29 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court has rejected the third and fourth appeals of Tam C. Nguyen, serving a life sentence for first-degree murder in the 1998 slaying of a Las Vegas man he believed was having an affair with his wife.

In his appeals, Nguyen claimed he had been illegally sentenced and that procedural errors were made in his case.

He claimed that District Court was without jurisdiction to impose his sentence because a valid criminal complaint had not been filed in Justice Court. Without that complaint, Justice Court should not have been able bind him over for trial to District Court, he said.

But the state Supreme Court said Friday that "Nguyen's sentence was facially legal and the District Court had jurisdiction."

The court said the second appeal was filed beyond the deadline and covers the same issues raised in his previous two appeals.

The court said "Nguyen failed to establish good cause and prejudice to excuse his untimely and successive petition."

Nguyen was sentenced to consecutive life terms with the possibility of parole for the fatal shooting of Dennis Vanduser in April 1998. Nguyen suspected his wife was having an affair with Vanduser.

He hid in the trunk of her car while she was at work. When his wife gave Vanduser a ride home at the end of her shift, Nguyen emerged and fatally shot Vanduser several times.