The Nevada Supreme Court on Monday affirmed the death penalty imposed against Daryl Linnie Mack for the 1988 killing of a Reno woman.
Mack, 45, was serving a life prison for another murder when he was charged in 2001 of killing Betty Jane May at her southwest Reno home.
May, 55, was raped and strangled. More than a decade after the killing, Mack was linked to the crime through DNA evidence collected at the scene.
It was the first time in Washoe County that a murder was solved and prosecuted solely on the basis of DNA evidence.
Mack already was serving a life sentence for the 1994 strangulation of Kim Parks in a Reno motel.
Mack waived his right to a jury trial and was found guilty of first-degree murder in April last year by District Judge James Hardesty.
A three-judge panel then imposed the death penalty.
The Nevada Supreme Court affirmed the sentence, noting Mack had waived his right to a jury trial, Washoe County District Attorney Dick Gammick said.
Last year the U.S Supreme Court, acting on an Arizona case, ruled that only juries - not a judge - can sentence someone to death.
But Gammick said ruling from the nation's high court did not address the legality of death sentences imposed by a three-judge panel.
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States With No Death Penalty
- District of Columbia
- North Dakota
- West Virginia
Stats on Executions
- 802 - Total number of executions since the 1976 reinstatement of capital punishment.
- 9 - Number of female defendants that have been executed since 1976.
- 454 - Number of white defendants executed.
- 278 - Number of black defendants executed.
- 52 - Number of Latino defendants executed.
- 13 - Number of Native American defendants executed.
- 5 - Number of Asian defendants executed.
- 53 - Number of executions in 2002.
Most states use lethal injection as the mode of execution, but there are some variations:
- Alabama: Lethal injection or choice of electrocution.
- Arizona: Lethal injection of choice of gas chamber for those sentenced before 11/92
- Arkansas: Lethal injection of choice of electrocution for those sentenced before 3/4/83
- California: Lethal injection
- Colorado: Lethal injection
- Connecticut: Lethal injection
- Delaware: Lethal injection or choice of hanging for those sentenced before 6/13/86
- Florida: Lethal injection of choice of electrocution for those sentenced before 1/14/00
- Georgia: Lethal injection
- Idaho: Lethal injection or firing squad
- Illinois: Lethal injection
- Indiana: Lethal injection
- Kansas: Lethal injection
- Kentucky: Lethal injection or choice of electrocution for those sentenced before 6/1/98
- Louisiana: Lethal injection
- Maryland: Lethal injection of choice of gas chamber for those sentenced before 3/11/94
- Mississippi: Lethal injection
- Missouri: Lethal injection
- Montana: Lethal injection
- Nebraska: Electrocution
- Nevada: Lethal injection
- New Jersey: Lethal injection
- New Mexico: Lethal injection
- New York: Lethal Injection
- North Carolina: Lethal injection
- Ohio: Lethal injection
- Oklahoma: Lethal injection
- Oregon: Lethal injection
- Pennsylvania: Lethal injection
- South Carolina: Lethal injection
- South Dakota: Lethal injection
- Tennessee: Lethal injection of choice of electrocution for those sentenced before 1/1/99
- Texas: Lethal injection
- Utah: Firing squad or lethal injection
- Virginia: Electrocution or lethal injection
- Washington: Hanging or choice of lethal injection
- Wyoming: Lethal injection
- U.S. Government: Lethal injection
- U.S. Military: Lethal injection
Source: http://www.deathpenaltyinfo.org (The Death Penalty Information Center Web site) contributed to this report.