Monday, April 10, 2017 | 2:53 p.m.
CARSON CITY — A federal appeals court has ruled that a Las Vegas man convicted of killing a rival gang member didn’t get a fair trial in 1999.
The 9th U.S. Circuit Court of Appeals said today that the District Court failed to review all the evidence in the case and denied Brendan Nasby a hearing on his petition for a writ of habeas corpus.
Nasby maintains there was misconduct by the prosecution at his trial, and that coerced testimony was allowed into evidence, there was ineffective assistance by his court-appointed defense attorney and errors in jury instruction, according to court records.
Nasby was convicted of the killing of Michael L. Beasley, 18, who reportedly was trying to take over the leadership of Nasby’s gang, according to records. Beasley was shot three times in the back of the head by Nasby, who was sentenced to consecutive life terms with the possibility of parole, records show.
The appeals court said the defense submitted a list of alibi witnesses but failed to call any of them and failed to investigate other witnesses to support Nasby’s position.
Nasby’s appeals through the state courts were unsuccessful. He then filed a petition with the federal court.
The appeals court said the District Court failed to review the records in the state courts and did not hold an evidentiary hearing on Nasby’s claims.
The appeals court said it was unclear how the District Court could reject Nasby’s petition without reviewing the evidence submitted in the state courts.
The case now returns to the District Court for an independent review of the claims.
