Ruling clears up death penalty question

Friday, June 25, 2004 | 9:30 a.m.

CARSON CITY -- The state attorney general's office said today a decision Thursday by the U.S. Supreme Court on the death penalty settled that issue for 12 condemned killers in Nevada.

Gerald Gardner, chief deputy of the criminal division, said the ruling takes away one of the claims that the death row inmates have made to overturn their sentences.

The Supreme Court, in a 5-4 ruling Thursday, refused to make retroactive its 2002 ruling that held that juries must impose the death sentences rather than judges.

Nine inmates on death row were convicted in Clark County and sentenced by a three-judge panel before the 2002 ruling.

After the 2002 ruling by the Supreme Court, the Legislature changed the law to require that juries decide the punishment in capital cases.

In the past if a jury could not decide the punishment, a three-judge panel was called to render the decision. If a person pleaded guilty to murder, a three-judge panel was convened to decide the punishment.

Gardner said there is one case that is still up in the air. It involves Darryl Mack, convicted in Washoe County after the 2002 ruling by the Supreme Court. In that case Mack pleaded guilty and Gardner said the state believes he waived his right to a jury.

Gardner said the Nevada Supreme Court has ruled that if the inmate waived his right to a trial, the three-judge panel decision was valid.

Even though the decision affects 12 inmates on death row, Gardner said the inmates may appeal their cases on other issues.

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