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Appeal over Binion estate dismissed

Thursday, July 7, 2005 | 10:44 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court on Wednesday dismissed the appeal of Sandy Murphy and Rick Tabish in the fight over the estate of gaming figure Ted Binion.

The court said it had no jurisdiction since there were more issues to be decided in the district court before the appeal could be lodged.

Murphy and Tabish were initially convicted of the murder of Binion but were given a new trial. They were acquitted in November 2004 of the murder charge at a second trial. They were found guilty of burglary and grand larceny involving Binion's coin collection and those convictions are now on appeal to the Supreme Court.

In the civil case, District Judge Michael Cherry ruled the two owed the estate of Binion $10,992 for his funeral expenses. He also said they were also liable for exemplary and punitive damages and for wrongful "conversion" of Binion's silver coin collection.

The Supreme Court said there are still issues on the exemplary and punitive damages and the coin collection to be decided in the district court so it was premature for the pair to bring the appeal.

Murphy was the live-in girlfriend of Binion at the time of his death in 1998. Tabish was having an affair with her, prosecutors said.

Prosecutors suggested Binion was suffocated.

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