CARSON CITY — A attorney for convicted murderer Chaz Higgs will argue before the Nevada Supreme Court on Nov. 4 that there was insufficient evidence to convict his client of the July 2006 murder of his wife, former state Controller Kathy Augustine, because she might have died of natural causes.
Higgs’ lawyer Richard Cornell said the murder conviction should be thrown out because Mack was not granted a continuance to allow him to better prepare for the trial.
In another murder case, the high court will hear an appeal — also on Election Day — from Darren Mack, the Reno pawn shop owner convicted of the June 2006 murder of his wife, Charla.
Mack’s lawyer is arguing a proposed divorce agreement under which Mack had agreed to pay nearly $1 million to his wife cannot be enforced because the judge never signed the agreement and his spouse is dead.
Prosecutors contend that Mack is trying to skate from his legal responsibilities because he shot the judge, District Judge Chuck Weller, before he could sign the order, and murdered his wife on the same day.
The estate of Charla Mack is seeking the money. Mack’s 10-year-old daughter, Erika, is being raised by Charla’s mother.
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