CHERRY, J., dissenting: I would grant the stay, order an answer to the petition, and set this matter for oral argument before the en banc court. 2

cc: Hon. Douglas W. Herndon, District Judge Dayvid J. Figler Law Office of Kristina Wildeveld Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2 This writ petition raises an issue of first impression concerning the constitutionality of a death penalty aggravator, which is precisely the type of issue this court should entertain.

SUPREME COURT OF NEVADA

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