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Thread: Kevin James Lisle - Nevada Death Row

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    Kevin James Lisle - Nevada Death Row




    Facts of the Crime:

    Faces execution for the murder of a police chief's son, Justin Lusch, 19, in July 1994. Lusch was the son of then-North Las Vegas Police Chief Ron Lusch. Lisle also got a death sentence for shooting from a moving car and killing a motorist, Kip Logan, on U.S. 95 in northwest Las Vegas on October 22, 1994.

  2. #2
    Administrator Moh's Avatar
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    On August 20, 2003, Lisle filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/nev...cv01006/17269/

  3. #3
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, following the Nevada Supreme Court's denial of Lisle's state habeas petition, his petition for writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

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    Administrator Moh's Avatar
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    On June 4, 2013, Lisle filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir.../ca9/13-16128/

  5. #5
    Administrator Moh's Avatar
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    On February 27, 2015, Lisle filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/nev...cv00351/106520

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    Administrator Heidi's Avatar
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    Death row inmate loses Supreme Court ruling

    The Nevada Supreme Court on Thursday upheld the dismissal of a petition by death row inmate Kevin Lisle that claims he has new evidence showing he is not guilty of killing Kip Logan in Las Vegas in 1994.

    The court, in a 5-2 decision, said Lisle’s claims did not warrant relief and upheld the dismissal of the petition in Clark County District Court.

    Justices Michael Cherry and Nancy Saitta dissented, arguing the lower court should have held an evidentiary hearing on Lisle’s new information alleging his innocence before rejecting the habeus corpus petition.

    The killing occurred in October 1994 when John Melcher, who was driving on a Las Vegas freeway, pulled alongside a Mustang driven by Logan. A jury found that Lisle, the front passenger in Melcher’s van, shot and killed Logan. Melcher and another passenger testified against Lisle at his trial.

    A jury found Lisle guilty of first-degree murder with the use of a deadly weapon and sentenced him to death. His sentence and conviction were upheld in 1998.

    In considering the appeal of the denial of his petition, the court majority found there was no evidence presented that demonstrated actual innocence of the crime that would warrant new proceedings.

    In his petition, Lisle said he did not have facial hair at the time of the killing and that Melcher was the actual shooter.

    In their dissent, Cherry and Saitta said the claim of misidentification should have been the focus of an evidentiary hearing to determine its credibility before the lower court acted on Lisle’s petition.

    http://www.reviewjournal.com/news/la...e-court-ruling
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  7. #7
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Lisle's petition for certiorari.

    Lower Ct: Supreme Court of Nevada
    Case Nos.: (55173)
    Decision Date: June 25, 2015
    Rehearing Denied: October 22, 2015

    http://www.supremecourt.gov/search.a...es/15-8499.htm

  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    AG says inmate volunteering to be executed underscores need to resolve lethal injection lawsuits

    By Michelle Rindels
    The Nevada Independent

    Death row inmate Kevin Lisle has voluntarily given up his right to appeal and is seeking to be executed, potentially setting up another situation in which Nevada struggles to carry out a death sentence.

    The 48-year-old Lisle’s request to drop all further appeals, which was first reported by the Las Vegas Review-Journal, came in the form of a handwritten note that was attached to a court document filed Monday with the Nevada Supreme Court. The state is asking the Nevada Supreme Court to decide soon whether the maker of a drug in the lethal injection combination can block the drug’s use in capital punishment.

    Lisle wrote in a letter addressed to the attorney general that he “hereby WAVES [sic] HIS RIGHT TO APPEAL of his own will with the complete and competent understanding that ELY STATE PRISON EXECUTIONERS will put him to death by lethal [sic] means.”

    Lisle, 48, was sentenced to death for the August 1994 killing of Justin Lusch, the 19-year-old son of the then-chief of the North Las Vegas Police Department. He was also sentenced to death in the October 1994 murder of Kip Logan, a former Bishop Gorman High School student who was shot to death in an altercation on the U.S. 95 roadway.

    “Nevada Department of Corrections (NDOC) acknowledges the motion of Inmate Lisle,” prison officials said in a statement.

    Attorney General Aaron Ford’s office is arguing that the Nevada Supreme Court should take up the state’s appeal of lower court orders restricting the use of lethal injection drugs. The office contended that even though the subject of the original case — inmate Scott Dozier — died by suicide in January, the case is not moot.

    “So long as Nevada law provides for capital punishment, there is a likelihood that similar issues as presented in this case will arise in the future,” the attorney general’s office argued.

    Some of the state’s supply of lethal injection drugs meant for Dozier has already started expiring, with several packages of the painkiller fentanyl and the paralytic cisatracurium past their expiration dates and others going bad this spring and summer. Ford’s office noted that the last batch of the drug midazolam that the state owns, and that is subject to an injunction, is expected to expire January 30, 2020, and an execution order for Lisle could come before that date.

    The office also pointed to the public interest in the viability of executions, noting there are bills pending in the Legislature seeking to abolish capital punishment.

    “The Court should not consider the issues presented here moot, especially in light of pending legislation that may alter Nevada’s capital punishment statutes,” the motion said. “The Nevada Legislature’s consideration of legislation that may alter capital punishment statutes reveals the public importance of the issues in this case.”

    https://thenevadaindependent.com/art...gmaker-lawsuit

  9. #9
    Moderator Bobsicles's Avatar
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    On August 31, 2022, Lisle filed an appeal to the United States Court of Appeals for the Ninth Circuit.

    https://dockets.justia.com/docket/ci...s/ca9/22-99009
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