High court orders hearing for convicted murder | NevadaAppeal.com

High court orders hearing for convicted murder

Appeal Capitol Bureau

The Nevada Supreme Court ordered a district court hearing for Desmond Fleming’s challenge of his October 2003 murder conviction.

Fleming was sentenced to life with possible parole after 20 years after entering an “Alford plea.” In that plea, a defendant admits the state has enough evidence to convict but does not admit to the crime itself.

Fleming filed petitions for writs of habeas corpus in March, June and July 2004. He did so acting as his own attorney and all of his petitions were denied by Clark County District Judge Jackie Glass.

He filed another in October of that year, which was denied in writing by the judge.

But the high court ruled the judge never properly resolved the legal issues in Fleming’s various petitions.

“In summary, it appears from the record before us that none of the claims presented in Fleming’s various petitions have ever been adequately reviewed and resolved by the district court,” Justices Bill Maupin, Mark Gibbons and Jim Hardesty wrote. “On remand, the district court shall review all of the claims alleged in Fleming’s petitions and shall enter a written order or orders containing specific findings of fact and conclusions of law supporting the decision of the district court with respect to each of Fleming’s petitions,” the high court ordered.