Voss v. Cox et al

Filing 64

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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 STEVEN FLOYD VOSS, 10 Petitioner, 11 vs. 12 Case No. 3:11-CV-00223-LRH-(WGC) GREG COX, et al. 13 ORDER Respondents. 14 15 16 17 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 18 convicted of first-degree murder with the use of a deadly weapon. Petitioner received a sentence for 19 first-degree murder, and he received an equal and consecutive sentence for the use of a deadly 20 weapon, as required by the deadly-weapon enhancement statute in effect at the time. On appeal, the 21 Nevada Supreme Court vacated the sentence for the use of a deadly weapon because insufficient 22 evidence was presented to prove that petitioner used a deadly weapon in the commission of murder. 23 Petitioner claimed in ground 1(d) that the sentence for murder also should have been vacated. The 24 court determined that the relief that petitioner received on direct appeal was the correct relief, and 25 that ground 1(d) was without merit. Order, pp. 1-2 (#16). Later, the court noted that under Nevada 26 law, the use of a deadly weapon is an enhancement, not an element of the crime of first-degree 27 murder. Order, p. 3 (#46) (citing Williams v. State, 671 P.2d 635, 636 (Nev. 1983)). Reasonable 28 1 jurists would not find this conclusion to be debatable or wrong, and the court will not issue a 2 certificate of appealability. 3 4 IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice. The clerk of the court shall enter judgment accordingly. 5 IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 6 DATED this 10th day of January, 2012. 7 8 9 _________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?