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Walker v. State

Supreme Court of Nevada
Oct 5, 1972
88 Nev. 539 (Nev. 1972)

Opinion

No. 5557

October 5, 1972

On remand from the United States Supreme Court.

Frank Sala and Mack Fry, of Reno, for Appellant.

Robert List, Attorney General, Carson City; Robert E. Rose, District Attorney, and Kathleen M. Wall, Assistant Chief Deputy District Attorney, Washoe County, for Respondent.


OPINION


By mandate of the United States Supreme Court the judgment of this court rendered May 28, 1969, has been vacated insofar as it leaves undisturbed the death penalty imposed.

In compliance with said mandate, it is

ORDERED that this cause be, and the same is hereby, remanded to the Second Judicial District Court, Washoe County, to impose the correct punishment under NRS 200.030. Walker v. Nevada, 408 U.S. 935, 92 S.Ct. 2855, 33 L.Ed.2d 750 (1972); Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972); Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972).

Inasmuch as the decision in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), is fully retroactive, any prisoner now under the sentence of death, the judgment as to which is final, may file a petition for writ of habeas corpus in the district court from which he was sentenced, inviting that court to modify its judgment to provide for the appropriate alternative punishment specified by statute for the crime for which he was sentenced to death.

Previous counsel for appellant having been discharged,

It is further ordered that the Public Defender of Washoe County is appointed to represent appellant.


Summaries of

Walker v. State

Supreme Court of Nevada
Oct 5, 1972
88 Nev. 539 (Nev. 1972)
Case details for

Walker v. State

Case Details

Full title:JOSEPH MILES WALKER, APPELLANT, v. STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Oct 5, 1972

Citations

88 Nev. 539 (Nev. 1972)
501 P.2d 651

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