The state attorney general is again taking the case to the 9th Circuit Court of Appeals in San Francisco, Carson City Assistant District Attorney Mark Krueger told The Appeal of Carson City ( http://bit.ly/1c61luP).
Peter Quinn Elvik, now 33, is serving consecutive terms totaling 40 years to life in prison in the slaying of William Gibson. Elvik, of Tustin, Calif., was 14 at the time. He claimed he shot in self-defense after Gibson raised his weapon to fire. Gibson died from four shotgun blasts.
U.S. District Court Judge Gloria Navarro ruled Dec. 5 that jurors should have been told that juveniles 14 or younger are presumed not to know the wrongfulness of their actions, so that the jury could decide whether Elvik had the capacity to understand what he had done.
The Nevada Supreme Court rejected Elvik's appeals in 2002, ruling that any error in Elvik's trial was harmless because there was clear proof that he understood his actions.
The court noted that Elvik planned a robbery to get a car, tried to elude police after the shooting and gave evasive answers to officers.
The 9th Circuit court heard an appeal of that decision and sent the case to Navarro.
Information from: Nevada Appeal, http://www.nevadaappeal.com