Oral argument calendar: Feb. 11

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Huesner (Allen) v. State, Docket No. 52023
Las Vegas- 10:00 a.m. - Justices Hardesty, Douglas, and Pickering
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The evidence presented at trial demonstrated that after Allen Heusner had been served with a temporary protective order, he broke into the home he shared with his wife, beat to death the man with whom his wife had been having an intimate relationship, and set a blanket on fire.  Heusner was convicted of first-degree murder, first-degree arson, and burglary while in possession of a deadly weapon.  Heusner raises numerous issues on appeal.    ISSUES:  Did the district court err in allowing the State to pursue a theory of felony murder with the predicate felony being burglary based upon entry with an intent to murder?  Did the district court abuse its discretion by admitting prior bad act evidence? Did the district court abuse its discretion when it instructed the jury that it did not have to be unanimous on the theory supporting the first-degree murder conviction? Did the admission of evidence of Heusner's post-arrest silence violate his Fifth Amendment right against self-incrimination? 

Love (Sherri) v. State, Docket No. 52403
Las Vegas- 10:30 a.m. - Justices Hardesty, Douglas, and Pickering

Sherri Love is appealing her conviction for murdering her 7-year-old daughter, attempting to murder her 8-year-old son, and abusing and neglecting her son by killing his sister in front of him and stabbing him in the hand.  This incident occurred in Clark County several days after Love left a detoxification program, where she was being treated for alcoholism and drug addiction.  ISSUES: Did the district court properly instruct the jury?

Polk (Levenral) v. State, Docket No. 52733
Las Vegas- 10:30 a.m. - Justices Hardesty, Douglas, and Pickering

This appeal challenges witness testimony, Nevada's deadly weapon enhancement, the district court's ability to dismiss an injured juror prior to consulting with the parties, and whether a juror who lost consciousness during trial should have been dismissed.   Levenral Polk is appealing his second conviction for murdering a long-time friend, by shooting him from a car.  Polk was initially convicted of first-degree murder, but was granted a new trial by a federal court.  At his second trial in Clark County, Polk was convicted of second-degree murder with the use of a deadly weapon and discharging a firearm out of a motor vehicle. ISSUES: Did the district court improperly permit a witness to offer hearsay evidence about forensic test results when that witness did not perform the forensic testing? Is the deadly weapon enhancement statute unconstitutional in light of the United States Supreme Court's decision in District of Columbia v. Heller?  Did the district court abuse its discretion by dismissing an injured juror prior to consulting the parties?  Did the district court err when it failed to dismiss a juror who lost consciousness during trial?

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This page contains a single entry by JoNell published on January 26, 2010 8:29 AM.

Oral argument calendar: Feb. 10 was the previous entry in this blog.

Nevada Supreme Court issues opinion is the next entry in this blog.

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