Nevada Supreme Court, 2014

Harvey (Frederick) v. State

Harvey (Frederick) v. State
Nevada Supreme Court · Decided April 10, 2014

Harvey (Frederick) v. State

Opinion

the-possibility-of-parole sentence. Instead, the sentencing body must have discretion. Id. at , 132 S. Ct. at 2475. Appellant filed his petition nearly fourteen months after Miller was decided on June 25, 2012, and appellant failed to demonstrate good cause for the entire length of the delay. We also note that Miller does not apply to appellant's case. The jury had discretion to sentence appellant to death, life without the possibility of parole, and life with the possibility of parole after ten years.

1977 Nev. Stat., ch. 585, § 1, at 1542. The fact that this court changed his sentence on direct appeal per 1977 Nev. Stat., ch. 585, § 10, at 1545, does not implicate Miller. Therefore, we ORDER the judgment of the district court AFFIRMED.

Pitt Pickering

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cc: Hon. Michelle Leavitt, District Judge Frederick Harvey Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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