Killer loses appeal in 1995 slaying

Monday, Jan. 5, 2004 | 9:30 a.m.

CARSON CITY -- A Las Vegas man convicted of the fatal shooting of a woman and the wounding of a man in Las Vegas in 1995 has lost his latest appeal to the Nevada Supreme Court.

The court Friday rejected the petition for a writ of habeas corpus from Kevin R. Holmes, sentenced to consecutive life terms for the fatal shooting of Claudia Dukes and the wounding of Larry Toler during an all-night crack cocaine party in the apartment of Dukes on June 12, 1995.

The court denied claims by Holmes that his attorney was ineffective numerous times during the trial, including the failure to object to the state's introduction of evidence of a prior bad act of dealing drugs.

The court said, "We conclude that appellant (Holmes) failed to demonstrate a reasonable probability that the outcome of the trial would have been different if trial counsel had objected to the introduction of this evidence."

Holmes was originally convicted in June 1996 of first-degree murder and attempted murder. The Supreme Court in 1998 reversed the conviction on grounds the prosecutor made an improper statement about the issue of reasonable doubt and there was an erroneous instruction given to the jury on reasonable doubt.

Holmes received a second trial and was again convicted of murder and attempted murder and sentenced to two consecutive life terms with the possibility of parole. The court in July 2001 affirmed his second conviction and Holmes then filed his current petition, which was rejected by District Judge Jackie Glass.