Appeal Capitol Bureau
After more than 20 years of appeals, the Nevada Supreme Court on Monday upheld the death sentence ordered in Dale Flanagan's third penalty hearing.
Flanagan was convicted in 1985 of murdering his grandmother and grandfather for their insurance and inheritance money.
His first death sentence was overturned by the Nevada Supreme Court because of prosecutorial misconduct. The Nevada court upheld the death sentence the second time, but was reversed by the U.S. Supreme Court over evidence of his occult beliefs presented at that penalty hearing.
The sentence was the same, however, in his third penalty hearing.
Flanagan again filed to overturn the sentence, listing numerous claims his counsel was ineffective. In an order issued Monday, the high court rejected all of those claims saying Flanagan failed to demonstrate the resulting sentence would have been any different in view of "the overwhelming evidence of guilt presented at trial." The order states there was also ample evidence that Flanagan and several accomplices spent several weeks planning the murders.
Flanagan shot his grandmother Colleen Gordon three times in the head. His co-defendant Randolph Moore shot Flanagan's grandfather Carl in the back. Both men were convicted and sentenced to death. Johnny Ray Luckett and Roy McDowell were also convicted in the killings. Tom Akers and Michael Walsh pleaded guilty in the case.
Flanagan is expected to again appeal the case to federal court.
• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.