Nevada’s Intermediate Appellate Court has rejected a prison inmate’s argument that he must be released because all of Nevada Revised Statutes passed since 1951 are unconstitutional.
Allen Heusner argued that all
statutes put into NRS since that date must be repealed by the governor because
that’s when lawmakers and the governor created the statute revision commission.
He argued that commission was
unconstitutional because it violated the separation of powers doctrine. He said
it does that by encroaching on the powers of another branch of government by
including Supreme Court justices as members of that non-judicial commission.
Therefore, he argued, his
conviction on charges including first-degree murder, use of a deadly weapon,
arson and burglary with a firearm must be thrown out.
The three-member appellate
court ruled Heusner failed to demonstrate that the statute revision commission
improperly encroached on the powers of the other two branches of government and
failed to show that members of the high court violated the constitution by
serving on the body.
Finally, the panel of Jerome
Tao, Bonnie Bulla and Michael Gibbons ruled that Heusner had the opportunity to
challenge his conviction in an appeal or previous petition but failed to bring
the issue up for eight years. Therefore, they said the petition was untimely
and barred absent a showing of good cause and actual prejudice.
Heusner is serving life with
the possibility of parole at Southern Desert Correctional Center.