AG vows appeal of order granting new trial in murder case | NevadaAppeal.com

AG vows appeal of order granting new trial in murder case

Nevada Appeal Capitol Bureau

Nevada Attorney General Adam Laxalt has vowed to appeal the federal district judge’s order granting a new trial to Nevada death-row inmate Jose Echavarria.

Echavarria, 54, was convicted of the 1990 murder of FBI agent John Bailey. Echavarria also was convicted of conspiracy, burglary, attempted robbery and, while in custody, attempted escape.

A federal court judge on Jan. 16 granted him a new trial based on allegations of judicial bias, according to Laxalt.

“Jose Echavarria does not deserve a retrial and my office has already filed a notice to appeal this order to the 9th Circuit,” said Laxalt in a statement.

He said the court order directs Echavarria either be retried or released. That order has been stayed, which means he remains in custody at Ely State Prison until the appeal is resolved.