Nevada Supreme Court denies petition of Las Vegas killer

By Cy Ryan

Thursday, Feb. 24, 2011 | 3:32 p.m.

CARSON CITY – The Nevada Supreme Court has denied the petition of Las Vegas killer David R. Riker in which he requested the full court of seven members look at his appeal.

Riker originally was sentenced to death for the fatal stabbing of Kevin Marble in an alley behind Boston Avenue in April 1992. He was also convicted of robbery.

But a district judge vacated the death sentence and ordered a new penalty hearing. The Clark County District Attorney’s Office then added an aggravating circumstance to support the death sentence at the new penalty hearing.

The prosecution said the new evidence to justify the death penalty was Riker’s conviction of a 2005 murder in California.

Aggravating circumstances must outweigh mitigating circumstances to permit the death penalty to be imposed.

Riker sued to stop the prosecution from adding that new circumstance from being presented at the penalty hearing. The Supreme Court, in a decision signed by three justices last September, rejected his appeal.

Riker then asked that the full seven-member court consider his case instead of just the three justices.

In an order signed Thursday by six justices, it denied his petition for the full court to take another look at his appeal. Chief Justice Michael Douglas didn't participate in the decision.