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November 8, 2009

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carson city:

Nevada Supreme Court to hear death penalty case

Thursday, July 2, 2009 | 2:45 p.m.

CARSON CITY – A man on death row for a killing in Clark County will have his appeal heard Monday by the Nevada Supreme Court.

James Chappell, now 39 years old, was convicted of the repeated stabbing of his ex-girlfriend, Deborah Panos, the mother of his three children, in October 1995 in her mobile home.

Chappell, in his request to overturn his conviction and death sentence, says the jury was not properly instructed, the district attorney’s office committed “extensive prosecutorial” mistakes and the conviction must be reversed because of cumulative error made at the trial and penalty hearing.

Justice Michael Douglas, while a district judge in Clark County, granted a second penalty hearing to Chappell. The jury at the second penalty hearing in 2007 ordered the death penalty and the Supreme Court will now hear the appeal.

Chappell had been in jail on a domestic violence charge but was released into the custody of state parole and probation officers who allowed him to walk unsupervised to a drug treatment center.

Chappell, instead, went to the home of Panos, sexually assaulted her and stabbed her 13 times. Panos had told him she was leaving him.

The Supreme Court has set aside 30 minutes to hear the oral arguments in the case.

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