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Nevada Supreme Court affirms death penalty & addresses several issues

In Browning v. State, the Nevada Supreme Court, sitting en banc, affirms a death sentence following a second penalty hearing. Browning received the new penalty hearing in state habeas corpus proceedings. A number of issues were raised in Browning, all of which the Nevada Supreme Court found either to be without merit or to be harmless error. Presentation of false evidence Browning contended that the district court erred in precluding him from presenting evidence developed during post-conviction proceedings indicating that much of the evidence introduced at the original trial, and repeated during the second penalty hearing, was false or misleading. The Court does not directly address the issue of whether the State is allowed to present false or misleading evidence, but rather finds that Browning was not prejudiced by the introduction of the specific evidence at issue...continue to full post

Full post as published by Harmful Error on July 24, 2008 (boomark / email).