Thomas Nevius v. George Sumner, Director of Department of Prisons, and Brian McKay Attorney General of the State of Nevada

Thomas Nevius appeals the district court’s denial of his petition for a writ of habeas corpus. Nevius contends that (1) the prosecutor’s improper exercise of his peremptory challenges against minority veniremen deprived Nevius of a representative petit jury in violation of the sixth and fourteenth amendments; (2) the district court improperly denied Nevius’ request for an evidentiary hearing; (3) prosecutorial misconduct during closing arguments to the jury constituted reversible error; and (4) the indictment was defective in alleging first degree murder.

BACKGROUND

The evidence accepted by the jury established that, on July 12, 1980, Nevius and three other men entered the Las Vegas apartment of David and Rochelle Kinna-mon with the intent to steal money and jewelry. While two men ransacked the kitchen and living room, Nevius and another man dragged Rochelle Kinnamon into the bedroom where they attempted to assault her sexually while holding her at gunpoint. When David Kinnamon returned home unexpectedly, the four men fled through the bedroom window. As Mr. Kin-namon entered the bedroom, Nevius turned and fired four shots. Mr. Kinnamon was killed almost instantly by gunshot…