Edward D. Eckert v. Robert Tansy, Frankie Sue Del Papa and Ron Angelone
Opinion
Opinion
Thompson, J.
Edward D. Eckert, a state prisoner, appeals from the district court’s denial of his habeas corpus petition filed under 28 U.S.C. § 2254 . Eckert contends the exclusion of alibi testimony during his state court trial violated his sixth amendment right to present a defense; that his trial counsel’s failure to comply with Nevada’s notice of alibi statute denied him effective assistance of counsel; and that the state court’s imposition of two consecutive life sentences constitutes cruel and unusual punishment.
We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
FACTS
On June 7, 1976, the Royal Inn Casino in Las Vegas was robbed. Earlier that evening, Victor Trapani, a former employee of the casino, accompanied by a man disguised and armed with a gun, had entered the home of Michael Gaughan, owner of the casino. Upon learning that no one present in the home knew the combination to the casino’s inner safe, the armed intruder ordered Gaughan’s wife to telephone a casino employee and fabricate a reason for him to get over to the house quickly. Mrs. Gaughan called and two employees arrived soon after. While Trapani bound one of the employees, the armed intruder held…