Nevada High Court Affirms Death Penalty

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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. Extended Web Coverage

States With No Death Penalty

  • Alaska
  • District of Columbia
  • Hawaii
  • Iowa
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • North Dakota
  • Pennsylvania
  • Vermont
  • West Virginia
  • Wisconsin

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: (The Death Penalty Information Center Web site) contributed to this report.