Bennett v. State, 138 Nev. Adv. Op. 29 (Apr. 28, 2022)

Years after a jury sentenced Bennett to death, newly discovered evidence was presented. This case thoroughly explains whether a new evidentiary hearing must be granted. The statutory scheme providing for a petition to establish factual innocence is a relatively new addition to Nevada law.[1] Bennett v. State provided an opportunity to address the statutory provisions that guided the district court’s decision whether to order a hearing on this type of petition. The Court clarified two considerations relevant to the pleading requirements a petition must satisfy under NRS 34.960(2)(b): (1) a petition may rely on a witness’s recantation of trial testimony as newly discovered evidence provided the recantation is not the only new evidence and, (2) a petition may rely on newly discovered evidence that conflicts with a trial witness’s testimony provided the new evidence is substantive and exculpatory. The Court also explained that the district court must treat the newly discovered evidence as credible. The district court here denied the petition without conducting an evidentiary hearing which is inconsistent with the applicable statues. The Court reversed and remanded for the district court to conduct an evidentiary hearing