Gallego
Gallego v. McDaniel
Opinion
Lead Opinion
Leavy, J.
Gerald Armond Gallego, a Nevada death row inmate, appeals from the district court’s denial of his petition for a writ of habeas corpus, arguing that his state conviction and sentence for murder were unconstitutional due to (1) inappropriate trial venue, (2) improper denials of trial continuance motions, (3) unfair restriction on the scope of cross-examination, (4) insufficient evidence of guilt, (5) unlawful jury instruction, (6) denial of effective assistance of trial counsel, and (7) prejudice resulting from the prosecutor’s having a pecuniary interest in the ease. For the reasons which follow, we affirm in part, reverse in part and remand for further proceedings.
FACTS AND PRIOR PROCEEDINGS
On the afternoon of September 11, 1978, two teenaged girls, Kippi Vaught and Rhonda Seheffler, disappeared from the parking lot of a Sacramento shopping mall. Their bodies were found two days later in a rural area outside of Sacramento. Although both victims had suffered blows to the head, they died of gunshot wounds. Vaught’s hands were tied behind her back. Seheffler, who had apparently been raped, died clutching a piece of cord similar to that used to bind Vaught’s hands.