Convicted murderer to get evidentiary hearing

CARSON CITY -- A mentally retarded man imprisoned for life for killing a Las Vegas prostitute, hijacking cars to escape police and ramming a Nevada Highway Patrol trooper has won a round in his bid to withdraw multiple guilty pleas.

The Nevada Supreme Court has ordered an evidentiary hearing sought by Vornelius Phillips, 32, who had argued that Clark County District Judge Lee Gates was in error in not holding such a hearing to resolve Phillips' claims that he had ineffective legal counsel.

Justices said Phillips' lawyer advised him to plead guilty to 10 counts to avoid the death penalty, but there's a question as to whether such advice was "reasonable," and an evidentiary hearing can settle the issue.

The Supreme Court said Gates found in June 2003 that Phillips was mentally retarded and erased a prosecution notice of intent to seek the death penalty; prosecutors didn't challenge that order.

Any advice that Phillips should plead guilty had to be based on more than "mere speculation" that the judge's finding of mental retardation still might be challenged, justices said, adding that Phillips' trial lawyer must give a detailed explanation at the evidentiary hearing.

Phillips got two no-parole life terms for the murder of Ivy Shunstrom, 40, in a downtown Las Vegas hotel room. He received additional sentences for kidnapping, robbery, assault with a deadly weapon and other offenses.

Those present at Phillips' sentencing included former NHP Trooper Robert "Bobby" Kintzel, who was badly injured when he was hit as he placed metal spikes on a highway to puncture the tires of a stolen car that Phillips was driving at 95 miles per hour.