Nevada inmate loses bid to overturn laws passed since 1951
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Allen Heusner argued that all statutes put into NRS since that date must be repealed by the governor because that’s when lawmakers and the governor created the statute revision commission.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.