Nevada Supreme Court reverses 3 convictions in unpublished orders

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Ritter v. State - (Elko) - insufficient evidence to support the conviction of trafficking in a controlled substance.  It appears that the defendant was arrested on an outstanding warrant and was transported to the jail in a police car.  The next day, officers found a bag of methamphetamine in the police car, under the front seat.  The Court finds insufficient evidence after finding that there was no proof of actual possession, no proof of constructive possession, and abandonment. 

Bowser v. State - (Las Vegas) - reversal of a conviction for first-degree murder and other offenses based upon a bailiff's shotgun demonstration to the jury.  The bailiff did not inform the court or counsel for either party that the jury wanted a demonstration of a shotgun.  At the jury's request, the bailiff pumped the gun and fired it as fast as he could.  The bailiff later performed a similar presentation in the courtroom.  The Court found juror misconduct based upon the bailiff's actions and found the defendant was prejudiced. The Court rejects the defendant's claim that admission of statements to the police following invocation of Miranda rights warranted reversal.  At the time of his arrest he stated "you guys got me.  I'm going to make you work for it.  I'll see what my attorney can do for me."  The Court finds that the defendant did not unequivocally invoke his right to counsel.

Schuster v. State - (Las Vegas) - reversal of a conviction for second degree murder and other offenses based upon the district court's failure to give an instruction on involuntary manslaughter.

In a fourth case, Rudolpho v. State, the Court finds that a defendant should not have been convicted of both grand larceny and possession of stolen property.  The Court vacates the conviction for possession of stolen property but otherwise affirms the conviction.


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This page contains a single entry by JoNell published on March 2, 2010 12:42 PM.

US Supreme Court issues 3 opinions was the previous entry in this blog.

Nevada Supreme Court issues 3 opinions in civil cases is the next entry in this blog.

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