Nevada Supreme Court issues 1 opinion

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The Nevada Supreme Court has issued its first opinion of the year.  In Higgs v. State, the Court, sitting en banc, in an opinion authored by Justice Hardesty, affirms the conviction for first degree murder of Chaz Higgs.  The Court rejects Higgs' argument that expert testimony should be subject to the standard set forth by the US Supreme Court in Daubert v. Merrell Dow Pharmaceuticals and rejects the claim that the nevada Supreme Court's decision in Hallmark v. Eldridge adopted the standard set forth in Daubert inferentially.  The Court also rejected Higgs' claims concerning the district court's refusal to continue the trial, sufficiency of the evidence, jury instructions on spoliation of evidence, and cumulative error.

 

Justice Cherry and Justice Saitta authored separate opinions concurring in part and dissenting in part.  They agreed with the majority's decision to reject Daubert, but found that the district court abused its discretion in denying the motion to continue the trial.

 

 

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This page contains a single entry by JoNell published on January 14, 2010 3:47 PM.

Judicial Dept. Filings - Day 9 was the previous entry in this blog.

Nevada Supreme Court finds IAC based upon failure to seek psych examination is the next entry in this blog.

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