Mazen Alotaibi v. Nevada

Whether the Nevada Supreme Court’s determination that Petitioner was not entitled to a lesser included offense instruction under the “same elements” test of Blockburger v. United States, 284 U.S. 299

conflicts with this Court’s decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Alleyne v. United States, 570 U.S. 99 (2013), the decision of a United States court of appeals, and the decisions of other state courts of last resort in failing to treat a statutory sentencing factor triggering an enhanced mandatory minimum sentence of imprisonment as an element of a criminal offense in violation of Petitioner’s right to due process of law?

Whether the Nevada Supreme Court’s determination that Petitioner was not entitled to a lesser included offense instruction under the “same elements” test of Blockburger v. United States, 284 U.S. 299

arbitrarily fails to follow the doctrine of stare decisis by disavowing and treating the correct holding of its previous decision in Robinson v. State, 110 Nev. 1137, 881 P.2d 667 (1994) as “dictum ” in violation of Petitioner’s right to due process of law?