Voss v. Cox et al
Filing
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ORDER DISMISSING CASE. Petitioner has submitted a declaration of election to dismiss petition 63 . IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The clerk of the court shall enter judgment accordingly.IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge Larry R. Hicks on 1/10/2012. (Copies have been distributed pursuant to the NEF - MLC)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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STEVEN FLOYD VOSS,
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Petitioner,
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vs.
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Case No. 3:11-CV-00223-LRH-(WGC)
GREG COX, et al.
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ORDER
Respondents.
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Petitioner has submitted a declaration of election to dismiss petition (#63). The court will
dismiss this action.
Earlier, the court dismissed ground 1(d) on the merits. Order (#16). Petitioner was
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convicted of first-degree murder with the use of a deadly weapon. Petitioner received a sentence for
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first-degree murder, and he received an equal and consecutive sentence for the use of a deadly
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weapon, as required by the deadly-weapon enhancement statute in effect at the time. On appeal, the
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Nevada Supreme Court vacated the sentence for the use of a deadly weapon because insufficient
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evidence was presented to prove that petitioner used a deadly weapon in the commission of murder.
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Petitioner claimed in ground 1(d) that the sentence for murder also should have been vacated. The
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court determined that the relief that petitioner received on direct appeal was the correct relief, and
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that ground 1(d) was without merit. Order, pp. 1-2 (#16). Later, the court noted that under Nevada
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law, the use of a deadly weapon is an enhancement, not an element of the crime of first-degree
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murder. Order, p. 3 (#46) (citing Williams v. State, 671 P.2d 635, 636 (Nev. 1983)). Reasonable
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jurists would not find this conclusion to be debatable or wrong, and the court will not issue a
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certificate of appealability.
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IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The
clerk of the court shall enter judgment accordingly.
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IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
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DATED this 10th day of January, 2012.
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_________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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