OkieGranny
Retired WS Staff
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It looks like it was the appeal. This is from September:
http://www.lasvegassun.com/news/2014/sep/05/nevada-supreme-court-hear-murder-appeal-medical-su/
I can't find that they've made any ruling yet.
http://www.lasvegassun.com/news/2014/sep/05/nevada-supreme-court-hear-murder-appeal-medical-su/
Her conviction was upheld by the Supreme Court. But now defense attorneys are arguing there is new evidence to show she is innocent and another woman may have committed the killing.
Lobato maintains she was sexually attacked by a man and she used a butterfly knife to stab him but denies she sliced off his sexual parts. She says the attacker was alive and crying when she escaped from him. Her lawyers maintain her DNA was not found at the crime. The blood at the killing did not match hers and her fingerprints were never discovered.
The Clark County District Attorneys Office says this evidence was available at the time of trial and should have been introduced then. And its legal brief says there was sufficient evidence to convict Lobato, who at the time lived in Panaca, about 165 miles from Las Vegas. The prosecution maintains she had driven to Las Vegas to buy methamphetamine.
I can't find that they've made any ruling yet.