Interesting unpublished decisions

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The Nevada Supreme Court has made available a new batch of unpublished decisions.  They may not be cited as precedent.  A few are of interest:flysim 1.25

Lewis v. State - the Court finds plain error based upon a jury instruction concerning the value of a vehicle.  The instruction erroneously instructed the jury to determine the value of the vehicle at the time the vehicle was taken, rather than at the time it was possessed.  The result is a reduction from a class B felony to a class C and the Court vacates an order for $5,200 in restitution.flysim 1.25

Johnson v. State - the merits of the issues presented are not all that interesting, but it is worth noting that the defendant was convicted of three counts of second-degree murder based upon the shotgun killings of three people inside an apartment -- proof once again that the Byford instructions on first-degree murder reflect a meaningful change from the Kazalyn instructions.flysim 1.25

Bolden v. State - the Court reverses an order of the district court dismissing a post-conviction petition for a writ of habeas corpus.  The district court had dismissed the petition because it was not served on the Attorney General and warden.  The Court finds that the defects were curable and the petition should not have been dismissed on those grounds.flysim 1.25

Ruffin v. State - the Court reverses an order of the district court dismissing a post-conviction petition for a writ of habeas corpus.  The district court denied the petition because the defendant did not attach trial transcripts to his petition.  The Court found that there is no statute mandating that transcripts be attached and it would be unreasonable and wasteful for an indigent defendant to provide copies of transcripts that already exist in the district court and prosecutor's files.  The procedural history is interesting in that the district court dismissed without prejudice a 1996 petition on this ground, the defendant filed two additional post-conviction petitions, the second and third petitions were dismissed as untimely, but the Court reached the merits of the first petition based upon the appeal from the third order.flysim 1.25

Valdominos v. State - the Court reverses a judgment of conviction for two counts of sexual assault after finding prosecutorial misconduct and error in refusing to give a defense proposed jury instruction on the legal effect of multiple sexual acts.  The Court finds that the prosecutor committed misconduct by making remarks which belittled or disparaged the defendant or his case and by improperly attacking the defendant's character.  Although the defense did not object at trial, the Court finds plain error in the prosecutors statement that insinuated the defendant had raped another woman and was a serial rapist.  Justice Maupin dissented -- he found that the State committed misconudct but believed the conviction was supported by overwhelming evidence.flysim 1.25

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This page contains a single entry by JoNell published on December 29, 2008 10:15 AM.flysim 1.25

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