Petitioner Luis Hidalgo III, awaiting a capital murder trial, successfully made a petition for a writ of mandamus or prohibition challenging the alleged aggravating circumstances (solicitation to commit murder) as not being “a felony involving the use or threat of violence to the person of another” as required by NRS 200.033(2)(b). Although the court found the other aggravating circumstance, murder to receive money, to be in violation of SCR 250(4)(c) requirements, the court decided to allow the State amend its notice of intent to seek the death penalty to cure the deficiency.
Zess, Barbra E., "Summary of Hidalgo v. District Court, 124 Nev. Adv. Op. 33" (2008). Nevada Supreme Court Summaries. 433.