Nevada Supreme Court rejects murderer’s petition

Wednesday, June 15, 2005 | 8:37 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Tuesday rejected the petition of Elder Zacarias-Lopez sentenced to two life terms for the first-degree murder of a woman in Las Vegas in 2001.

Zacarias-Lopez, in his petition for a writ of habeas corpus, said his trial attorney was ineffective in at least 15 instances and a new trial should be ordered.

The Supreme Court upheld District Judge Jennifer Togliatti who denied the petition.

Zacarias-Lopez was convicted in 2002 of the fatal shooting of Moris Morataya at a home in Las Vegas in July 2001.

The court said evidence was presented at his trial that Zacarias-Lopez was seen with the victim immediately before the murder; he fled the scene after the shooting; police saw him throw the murder weapon out of his vehicle; several live cartridges matching the type used to shoot the victim were found in his pockets and his hands tested positive for gunshot residue.

The court said Zacarias-Lopez failed to establish that his appeal had "a reasonable probability of success" and it dismissed the petition without a hearing.

He is eligible to apply for parole after 20 years in prison.