Experienced Reno death penalty defense attorney certified under Nevada Supreme Court Rule 250 to handle capital cases across Northern Nevada
When the state has filed a notice of intent to seek the death penalty against someone you love, the situation is unlike any other criminal case. The defendant is almost certainly in custody with no path to bail. The case will likely take years to resolve. And under Nevada law, most criminal defense attorneys are not even allowed to represent the accused. Richard P. Davies, Esq. has nearly 20 years of trial experience and is the only active private attorney in Northern Nevada certified under Nevada Supreme Court Rule 250 to handle death penalty cases. If you are reading this in the hours or days after a family member has been charged with capital murder, time matters.
A death penalty case is not just a more serious murder case. It is a separate legal track with its own procedural rules, its own jury requirements, and its own qualification standards for defense counsel. Mr. Davies represents clients facing death penalty cases in Reno, Sparks, Carson City, and across Northern Nevada.
When a Murder Case Becomes a Death Penalty Case in Nevada
In Nevada, a first-degree murder charge becomes a death penalty case when the prosecution formally files a notice of intent to seek the death penalty. In Reno cases, that decision rests with the Washoe County District Attorney’s Office. That notice is not automatic. Prosecutors only file it when they believe they can prove at least one of the statutory aggravating circumstances listed in NRS 200.033. If no aggravating circumstance applies, or if the prosecution chooses not to pursue death, a first-degree murder case is still serious but it is not a capital case.
The aggravating circumstances under NRS 200.033 are narrow and specific. They include murders committed during certain serious felonies, murders of peace officers, murders involving torture or mutilation, multiple-murder cases, murders of victims under 14, hate-motivated murders, and several others. The statute is closed, meaning prosecutors cannot invent new aggravating factors. They must work within the list, and the defense can challenge whether the evidence actually supports the factor alleged.
Why Death Penalty Cases Require SCR 250 Certification in Nevada
Most criminal defense attorneys in Nevada are not qualified under court rules to serve as lead counsel in a death penalty case. Nevada Supreme Court Rule 250 (SCR 250) sets minimum qualifications for lead counsel in capital proceedings, and only attorneys who meet those requirements are permitted to take the role. The rule exists because the stakes in a capital case are different in kind, not just in degree, from any other criminal matter.
Under SCR 250, lead counsel at trial must have acted as lead defense counsel in five felony trials (including one murder trial) tried to completion, served as co-counsel in one death penalty trial tried to completion, and been licensed to practice law for at least three years. In Northern Nevada, the number of attorneys who meet this standard is small, and the number available in private practice is even smaller. Richard P. Davies, Esq. meets the SCR 250 qualification and accepts death penalty defense engagements directly.
How a Death Penalty Trial Works in Nevada
A death penalty case in Nevada is tried in two phases under NRS 175.552. The first phase is the guilt phase, where the jury decides whether the defendant is guilty of first-degree murder. If the jury returns a guilty verdict, the same jury then sits for a second hearing, called the penalty phase, where it decides what the sentence should be.
During the penalty phase, the prosecution presents evidence of the aggravating circumstances it alleged in the notice of intent. The defense presents mitigating evidence under NRS 200.035, which may include the defendant’s history, mental or emotional state, role in the offense, and any other factor that bears on whether death is the appropriate sentence. The jury must find that the aggravating circumstances outweigh the mitigating circumstances and must reach a unanimous verdict, but is never required to impose death.
This structure means death penalty defense work begins long before trial. Mitigation investigation, expert witnesses, and life-history research often span months and require the cooperation of the defendant’s family.
What Families Need to Know About a Nevada Death Penalty Case
If a loved one has been charged in a death penalty case, several realities of the case are likely to feel disorienting at first.
Bail is essentially unavailable. Under Article 1, Section 7 of the Nevada Constitution and NRS 178.484, capital offenses are excluded from the constitutional right to bail when the proof is evident or the presumption great. The defendant will remain in custody at the Washoe County Detention Facility through the resolution of the case.
The timeline is measured in years, not months. From arrest to verdict, a death penalty case typically takes two years or longer. Discovery is voluminous, expert review extensive, and pretrial motions heavily litigated. The length reflects what proper capital defense requires, not delay.
Family cooperation matters. Mitigation work, which humanizes the accused for the jury, depends heavily on family. Childhood records, medical history, school records, and family background all become evidence, and family members are often interviewed by mitigation specialists and may testify.
Communication is restricted. Jail calls are recorded and letters may be reviewed. Case-related conversations should go through the defense attorney, not directly between the accused and family.
It is also worth knowing that Nevada has not carried out an execution since 2006. Nevada’s death row is housed at Ely State Prison, and the state’s execution method is lethal injection. The death penalty remains available as a sentencing option under Nevada law, and prosecutors do still file notices of intent to seek it, but actual executions have not happened in nearly two decades.
Frequently Asked Questions About Nevada Death Penalty Cases
What is the difference between murder and a death penalty case?
Murder under NRS 200.010 refers to any unlawful killing committed with malice. A death penalty case is a first-degree murder case in which the prosecution has filed a notice of intent to seek the death penalty and alleges at least one of the aggravating circumstances listed in NRS 200.033. Most murder cases in Nevada are not death penalty cases. For broader information on murder charges, see our Murder Defense page.
Can the death penalty be taken off the table in a case?
Sometimes. The prosecution may agree to withdraw the notice of intent to seek the death penalty as part of a plea negotiation, or a court may strike the notice on certain legal grounds, including a finding under NRS 174.098 that the defendant has an intellectual disability. Whether removal is possible depends on the facts of the case and the strength of the defense.
What is a mitigation specialist?
A mitigation specialist is a trained investigator who develops a complete picture of the defendant’s life history, including family background, education, medical history, and trauma. Mitigation evidence presented during the penalty phase may significantly influence the jury’s decision.
Is the death penalty still legal in Nevada?
Yes. Capital punishment remains legal under Nevada law and may be imposed for first-degree murder when the aggravating circumstances outweigh the mitigating circumstances. Legislative efforts to abolish the death penalty have been introduced in Nevada in recent years but have not passed.
When the State Is Seeking Death, Experience Is Not Optional
A death penalty case demands an attorney who has been in trial, knows how the penalty phase unfolds, works with mitigation specialists, and is qualified under SCR 250. Richard P. Davies, Esq. has spent nearly 20 years building that experience in Nevada courts. His practice also covers related serious charges, including murder defense, assault charges, and gun and weapons charges. See our full criminal defense services for more.
A death penalty case is too serious to navigate without qualified counsel. Call (775) 360-6894 to schedule your consultation.