Eugene Hollis Nunnery, Appellant v. the State of Nevada, Respondent

Summary

The court affirmed Nunnery’s convictions and death sentence after rejecting his penalty-phase and guilt-phase claims. It held that the district court could accept a late aggravation-evidence notice for good cause, that presentence-investigation information may be admitted at a penalty hearing subject to the trial judge’s discretion, and that weighing aggravating and mitigating circumstances is not a factual finding requiring proof beyond a reasonable doubt. The court also found no reversible error in the notice of aggravation, evidentiary rulings, jury issues, instructions, or sufficiency of the evidence.