Home -> Law Blog Directory -> Criminal Law Blogs -> Harmful Error

Criminal Law

: Harmful Error

Nev. Supreme Court issues decision on weapons enhancement & conspiracy instructions

In Brooks v. State, the Nevada Supreme Court, in a 3-judge panel (Hardesty, Parraguirre and Douglas) decision, reverses the defendant's conviction and orders a new trial based upon the failure to the district court (Judge Mosley) to give jury instructions proffered by the defense. The Court first addresses the deadly weapon enhancement instruction. The State asserted that the defendant was the get-away driver in a robbery and was liable for the weapons enhancement under an aiding and abetting theory. The defendant offered an instruction pursuant to Anderson v. State which stated that an unarmed co-defendant could be given the enhancement only if he had knowledge of the weapon and either actual or constructive possession of it. The district court refused this instruction after acknowledging that the Anderson opinion included this language but expressing doubt that the Nevada Supreme Court meant what it said...continue to full post

Full post as published by Harmful Error on April 03, 2008 (boomark / email).