Nevada justices reverse Las Vegas murder conviction of dead inmate

CARSON CITY — In an unusual ruling, the Nevada Supreme Court on Thursday reversed the first-degree murder conviction of a deceased inmate.

In a unanimous decision written by Justice Michael Douglas, the court said that although criminal defendants who die are not entitled to have a judgment of conviction vacated, a personal representative can be substituted in such cases to allow an appeal to continue.

The appeal involved Ronnie Brass, who was sentenced to life in prison for the Jan. 9, 2009, fatal shooting of Ernest Mitchell in Las Vegas.

In March 2012, Brass, 31, was found stabbed to death at Ely State Prison.

In this case, Stephanie Brass, Ronnie’s mother, was named as the personal representative.

The murder, kidnapping and other convictions were overturned due to an error in the jury selection process, the court said.

“Although the appellant is deceased, rectifying a constitutional error nevertheless benefits society because it decreases the chances that another person would fall victim to the same error,” Douglas wrote.

Las Vegas attorney JoNell Thomas, who represented Brass and his mother in the case, called the ruling a tough win.

“I wish he were here to celebrate it and have a new trial,” she said. “I’m happy about the win but still very sad about his death.”

The decision breaks new legal ground in Nevada, Thomas said.

“It’s an issue that has been addressed across the country but Nevada did not have any law on it yet,” she said. “It was an issue of first impression.”

Thomas said she has never received any information from the Department of Corrections about the circumstances of Brass’ death.

A request for information on the status of any investigation of the slaying was not immediately responded to by the agency.

Ronnie Brass, along with his brother Jermaine Brass, were convicted of murder and various charges for shooting of Mitchell while he was standing in the doorway of his house, in the 5500 block of Reiter Avenue, near Smoke Ranch Road and Jones Boulevard. The shooting occurred after Mitchell accused the brothers of stealing tires and rims from his home.

The brothers were tried together and both were sentenced to life terms for the slaying but the Supreme Court granted Jermaine Brass a new trial in December 2012 because of the jury issue.

In Ronnie Brass’ appeal, the court cited the same issue: that District Court Judge Doug Smith made an error by excusing a black juror.

Juror No. 173 was dismissed by prosecutors using a peremptory challenge, meaning they didn’t have to give a reason for the dismissal.

But the court called the jury selection process discriminatory and so required a reversal of the convictions.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Find him on Twitter: @seanw801.