Published on: Tuesday, May 13, 2025

In a well reasoned decision, a District of Nevada federal court struck the government’s newly filed death notice in a case, citing principles of judicial estoppel and a lack of justification for a sudden reversal.

The ruling in United States v. Spurlock, Cr. 23-00022, came after prosecutors filed a notice to seek the death penalty despite having formally filed a “No-Seek” notice more than 8 months earlier and a non-capital trial had been scheduled. The court found that no new case developments occurred after the July 2024 no-seek notice that would warrant such a dramatic change in position 12 days before trial.

The government cannot simply reverse course on a matter of this magnitude and the court notes that the defense should not be subjected to shifting strategies after a formal commitment had been made and trial date set.