Luis Hidalgo III and Anabel Espindola, awaiting a capital murder trial, 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). The other aggravator, murder to receive money, was successfully challenged as violating SCR 250(4)(c) requirements.
Zess, Barbra E., "Summary of Hidalgo v. District Court, 123 Nev. Adv. Op. 59" (2007). Nevada Supreme Court Summaries. 464.